Important Update: The Court held the Final Approval Hearing on November 19, 2019 and granted final approval of the Settlement. You may read the Order here,
What is this lawsuit about?
The lawsuit alleges that Defendants sent text messages to Plaintiff’s wireless telephone number without prior express written consent in violation of the Telephone Consumer Protection Act ("TCPA"), and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a class of all individuals in the United States. Specifically, the Complaint alleges that Defendants sent text messages relating to offers available at certain Pandora stores.
Defendants deny each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.
The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted here. The Settlement resolves the lawsuit. The Court has not decided who is right.
Who is Included?
The Settlement Class consists of:
All persons who, from October 26, 2013 through July 10, 2019, received a text message from (i) Hopele, (ii) Hopele of Tallahassee, LLC, (iii), Hopele of Flat Iron, LLC, (iv) Hopele of Birmingham, LLC, (v) Hopele of Altamonte, LLC, and/or (vi) HLCP Partners of Birmingham, LLC without providing prior express written consent to those entities or Pandora.