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Cool Alert $3M Settlement Payouts Increase

Pittsburgh, PA: A recent settlement of a Telephone Consumer protection Act (TCPA) class action against Rita's Water Ice has seen fewer valid claimants than originally anticipated, leaving larger shares of the $3 million fund available to valid class members.

US District Judge Timothy Savage wrote in his opinion that there were fewer class members with valid claims than previously thought—10,164 to the anticipated 28,523—due to an error on the part of the settlement administrator.

Filed in 2015, by plaintiffs Sherry Brown and Ericka Newby, the class action claimed that Rita’s sent unauthorized, automated text messages called "Cool Alerts" that announced when certain water ice flavors and other products were available at local stores, in violation of the TCPA.

Further, the complaint alleged the plaintiffs kept receiving messages after texting "STOP" in response to the texts' instructions to stop receiving future notifications, also in violation of the TCPA.

According to the lawsuit, the lists of recipients were generated using a database of telephone numbers that the owners had not given to Rita's.

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Published on Sep-18-17


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