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.
A settlement has been proposed 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|
|This is the only way to receive a cash payment.|
|EXCLUDE YOURSELF||Receive no cash payment. This was the only option that allowed you to pursue claims alleged in the Action against the Defendant by filing your own lawsuit at your own expense.|
|OBJECT||Write to the Court about why you do, or do not, like the Settlement. You must have remained in the Settlement Class to comment in support of or in opposition to the Settlement.|
|ATTEND THE HEARING||Ask 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.|
Final Approval Hearing
The Court will hold the Fairness Hearing at 10:30 a.m. on March 5, 2014 in Courtroom 2308 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602. The purpose of the hearing will be 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 will be available to hear any objections and arguments concerning the fairness of the Settlement.
The hearing may be postponed to a different date or time without notice, so it is a good idea to check this website or call 1-888-985-9195. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Fairness Hearing, you will receive notice of any change in the date of such Fairness Hearing.