Etzel v. Hooters of America, LLC Settlement Website

Welcome to the Etzel v. Hooters of America, LLC Settlement Website

Case Summary

IF YOU RECEIVED A TEXT MESSAGE FROM HOOTERS (SHORTCODE 877-67) ON JANUARY 28, 2015, YOU MAY BE ELIGIBLE FOR BENEFITS FROM A TCPA CLASS ACTION SETTLEMENT

 

Update - April 11, 2018: Class Members who filed timely and valid claims were sent $50 or $20 gift cards via email on April 11, 2018. The gift cards will be issued via email by Cashstar from the email address hooters@cashstar.com.

 

The lawsuit was brought on behalf persons who had signed up for the Hooters mClub and who received a text message from Hooters of America, LLC, also referred to as “HOA”, on January 28, 2015, but who had either opted out of the Hooters mClub before that date, or did not provide additional consents in October 2013 to remain in the mClub.  They contend that a federal statute, known as the Telephone Consumer Protection Act (“TCPA”) 47 USCS § 227, prohibited Hooters from sending the text message. HOA denies any wrongdoing, and no court or other judicial entity has made any judgment or other determination of any wrongdoing.  Nonetheless, to avoid the further costs of litigation, HOA has agreed to settle.

 

The text message came from Short Code 877-67 and read as follows:

"Hooters Fans: Our mClub has moved! Don't worry, you'll still receive exclusion news, just from a new number. Reply STOP to unsubscribe. Msg&Data rates may apply"

(This is referred to on this website and in the documents herein as the "Text Message").


You are a member of the Settlement Class if you received the Text Message and the records from HOA’s vendors shows that you had withdrawn or failed to reaffirm your consent to receive messages from HOA’s mClub program.  Class Counsel acquired information from the vendors administering HOA’s mClub programs to locate the telephone numbers that fall into these two categories.  The person who owned the telephone number on January 28, 2015 when the Text Message was sent is a Class Member.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM

DEADLINE: DECEMBER 20, 2017

This is the only way you can receive the gift card benefit from the settlement.

ASK TO BE EXCLUDED

  DEADLINE: NOVEMBER 20, 2017

You will receive no benefits, but you will retain any rights  you currently have  to sue the Defendant about the claims  in this case.

OBJECT TO THE SETTLEMENT

DEADLINE: NOVEMBER 20, 2017

Provide your written objections explaining why you don’t like the settlement; objections will be provided to the Court before the Final Approval Hearing.

GO TO THE HEARING

DATE: FEBRUARY 2, 2018

Ask to speak in Court about your opinion of the Settlement.

DO NOTHING

You will remain a member of the class and will receive the injunctive relief benefit, but you will not receive the gift card.


Although the information in this website is intended to assist you, it does not replace the information contained in the Class Notice or the Settlement Agreement, all of which can be downloaded from this website.