Overview of the Settlement

If you were sent a text message from any of the following Retailers, you may be entitled to a $105 payment from a Class Action Settlement.

  • Burger King Corporation
  • Cash America International, Inc
  • Charlotte Russe Merchandising, Inc.
  • Charlotte Russe, Inc.
  • Commodity Update, LLC
  • Cox Media Group, LLC
  • Domino's Pizza, Inc.
  • Emmis Operating Group
  • EMN8, Inc.
  • Entravision Communications Corporation
  • Gamefly, Inc.
  • Genesco, Inc.
  • Horizon Media, Inc.
  • Jack in the Box Inc.
  • Mattel, Inc.
  • Mr. Checkpoint, LLC
  • Outerwall Inc.
  • Partners Trust, Inc.
  • Real Estate Brokerage & Acquisitions
  • Saveology, Inc.
  • The Gymboree Corporation
  • University of Southern California
  • VANS, Inc., d/b/a VANS
  • VF Corp.

A settlement has been approved in a class action lawsuit captioned Lockett v. MoGreet, Inc., Case No. 2013-CH-21352, involving text message advertisements sent from certain retail companies (the “Retailers”) through Defendant MoGreet’s mobile platform or through one of its affiliated service providers, YesMail, Inc. and InfoGroup, Inc. (the “Service Providers”). The lawsuit claims that, in certain instances, when a consumer provided his or her cell phone number to a Retailer, the Retailer would send text message advertisements via the Service Providers’ mobile platform without first getting the consumer’s express consent. The lawsuit claims that, through this conduct, the Retailers and Service Providers violated the federal Telephone Consumer Protection Act.

The Court has not decided in favor of either side in the case. The Defendant denies all allegations of wrongdoing or liability against it and claims that its conduct was lawful. The Defendant is settling to avoid the expense, inconvenience, and inherent risk and disruption of litigation. Plaintiff and his attorneys believe that the Settlement is in the best interests of the Settlement Class because it provides an appropriate recovery for Settlement Class Members now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A
CLAIM FORM
This is the only way to receive a cash payment.
EXCLUDE YOURSELF
[Deadline Expired]
Receive no cash payment. This was the only option that would have allowed you to pursue claims alleged in the Action against the Defendant by filing your own lawsuit at your own expense.
OBJECT
[Deadline Expired]
You could have written to the Court about why you did, or did not, like the Settlement. You must have remained in the Settlement Class to have commented in support of or in opposition to the Settlement.
ATTEND THE HEARING
[Deadline Expired]
You could have asked to speak to the Court about the fairness of the Settlement.
DO NOTHING Receive no cash payment and give up your right to sue. You will, however, receive the benefit of the prospective relief under the Settlement, which will apply to everyone.

For further details on Class Member options, please consult the Notice or Frequently Asked Questions on this website.

Final Approval Hearing

The Court held the Fairness Hearing on March 5. The purpose of the hearing was for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class, to consider Class Counsel’s request for $2,850,000 of the Settlement Fund for attorneys’ fees and expenses, and to consider the request for an incentive award to the Class Representative and Named Plaintiffs in the amount of $15,000. At that hearing, the Court was available to hear any objections and arguments concerning the fairness of the Settlement. The Settlement was approved by the Final Judgment and Order of Dismissal with Prejudice issued on April 3, 2014.



Important Dates
DateDeadline
February 18, 2014
[Expired]
Exclusion Deadline
(postmarked)
February 18, 2014
[Expired]
Objection Deadline
(filed and received)
March 5, 2014
at 10:30 a.m.
[Approved]
Fairness Hearing
June 2, 2014 Claim Form Deadline
(postmarked)

Your Options

  • To participate in the Settlement, submit a Claim Form