More than 600,000 Florida residents who received unwanted text offers from weight loss company Jenny Craig will partake in a $3 million class action settlement.
Lead plaintiff Zoey Bloom began receiving a number of unwanted text messages from Jenny Craig on May 17, 2014. Bloom never gave the company consent to contact her, so she filed her class-action complaint under the TCPA. Jenny Craig denied all allegations in the original complaint as well as any liability.
The company was accused of violating the Telephone Consumer Protection Act (TCPA by sending out unsolicited text messages using an autodialer and a “long code,” a 10-digit phone number, to send out a large number of texts at once. The phone number is owned by the company and used to deceive the recipient into believing that the text was from an individual. The company used the TextMagic platform to send out the text messages.
On August 7, 2018, Bloom filed an unopposed motion for preliminary approval of the $3 million Jenny Craig TCPA class action settlement, which was granted.
Using an autodialer to send out unwanted text messages is prohibited, as well as recorded calls and messages to individuals with whom no established relationship exists. Additionally, calling numbers on the National Do Not Call Registry and failing to provide a way for people to opt-out to end unwanted communications also violate the TCPA.
Violations typically incur a penalty of $500 to $1,500 for each unwanted call, text, or fax. In the Jenny Craig case, this could have amounted to $5 million or more. Negotiations brought the settlement amount down to $3 million. Part of that sum, $250,000, will be used to pay fees and costs associated with the settlement. The amount that each plaintiff receives will come from the remaining $2,750,000 and depend on the final count of plaintiffs.
Violations of the TCPA take advantage of consumers who don’t know their rights. Getting unwanted calls or texts from Jenny Craig, debt collectors, or anyone else may violate your rights under the Telephone Consumer Protection Act. If you believe you have experienced a TCPA violation, contact a consumer law attorney today. Under the TCPA, you may receive between $500-$1,500 per call or text.
The Law Offices of Jibrael S. Hindi have litigated hundreds of cases relating to TCPA violations with great success. Our office is eager to help fight on your behalf to hold violators accountable and win you the compensation you are entitled. Call us today at 1-844-JIBRAEL for a free case evaluation.