iHeartMedia Settles Class Action Suit Over Unsolicited Text Message Ads
June 6, 2016 at 4:00 AM (PT)
A class action suit against iHEARTMEDIA, INC. in COOK COUNTY, IL court over unauthorized text message advertisements has been settled, and the broadcaster has established an $8.5 million settlement fund that will be divvied up, after attorney's fees and costs have been deducted, among consumers who received the unsolicited texts between OCTOBER 16, 2013 and APRIL 19, 2016 and who do not opt out of the settlement.
The case was filed by NICHOLAS WILLIS and BETH SHVARTS as lead plaintiffs last JUNE 3rd in NEW YORK court, and as part of a settlement agreement in NOVEMBER, the parties agreed that to make the settlement effective, the case would have to be refiled in the CHICAGO court. The case was refiled there on FEBRUARY 19th and the settlement finalized. The complaint alleged that when consumers texted iHEART's standard song request and contest text number, they were sent links to third party vendors, like ZYNGA for the "Words With Friends" app, then were sent ad texts from clients like SPECS HOWARD SCHOOL OF MEDIA ARTS and CIRCLE K without prior express written consent in violation of the Telephone Consumer Protection Act.
The claims filing deadline is SEPTEMBER 8th, and requests for exclusion from the class, objections, and notices of intent to appear at an AUGUST 11th final approval hearing are due by JULY 8th. More information and claim forms are available here.