This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.
The lawsuit alleges that Defendant sent text messages to Plaintiff’s telephone number after Plaintiff asked Defendant to stop doing so in violation of the Telephone Consumer Protection Act, 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.
Defendant denies 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 Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts the use of marketing related text message calls without prior express consent.
The Court has not found in favor of either Plaintiff or Defendant. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in this Notice. Defendant denies all legal claims in this case. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.
The Settlement includes all persons who received text messages on their telephone from Defendant after having first asked Defendant to stop sending them text messages. Specifically, the Settlement Class is defined as:
Settlement Class: All persons within the United States who, within the four years prior to the filing of this Complaint, (1) were sent a text message from Defendant or anyone on Defendant’s behalf, (2) regarding Defendant’s goods, products or services, (3) to said person’s residential telephone number, (4) after making a request to Defendant to not receive future text messages.
The Settlement Class excludes the following: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); and (5) any Settlement Class Member who has timely opted out of this proceeding.
If you qualify for a payment, you must complete and submit a valid Claim Form. You may download a Claim Form here, or request a Claim Form by calling the Settlement Administrator at the toll-free number below. To be valid, a Claim Form must be completed fully and accurately and submitted timely. One claim is allowed per Settlement Class Member.
You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be postmarked by September 9, 2025.
To exclude yourself from the Settlement, you must send a timely letter by mail to:
POSH TCPA Settlement Administrator
P.O. Box 2003
Chanhassen, MN 55317-2003
Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.”
Your exclusion request must be postmarked no later than August 5, 2025. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.
You may opt out of the Settlement Class only for yourself.
The Court has scheduled a Final Approval Hearing on August 25, 2025, at 1:30 p.m. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.