Lucky Brand Dungarees Settles Text Spam Messaging Class Action Lawsuit

March 11 2013

17231s.png New York, NY: A proposed settlement has been reached in the text spam class action lawsuit pending against Lucky Brand Dungarees Inc, (“Lucky”), and other defendants (Kirshenbaum Bond Senecal & Partners d/b/a Lime Public Relations + Promotion, Kirshenbaum Bond & Partners West LLC (together “Lime”), Merkle, Inc. (“Merkle”), and RGAR Holdings, LLC f/k/a Take 5 Solutions, LLC (“Take 5”). If the settlement is approved, eligible class members could receive a payment of up to $100.

The text spam class action lawsuit involves whether text messages were sent to consumers in August and September 2008 as part of a “Back to School” advertising campaign without receiving the necessary consent to do so. Lucky, Lime, Merkle, and Take 5 are referred to as the “Defendants.”

You are included if you live in the US or its territories and you were sent a text message in August or September 2008 that advertised the “Back to School” promotion by Lucky Brand Jeans that was sent from the shortened telephone number 88202. The full text messages that were sent are listed at the settlement site: BackToSchoolTextSettlement.net

Those included in the Settlement will be eligible to receive a payment of up to $100. Certain Defendants have also agreed to put in place procedures to better assure that future text messages are sent to persons who have consented to receive such messages. To find out more about the settlement, how to file a claim and to download forms, visit BackToSchoolTextSettlement.net.

The U.S. District Court for the Northern District of California is overseeing this case. The case is known as Robles v. Lucky Brand Dungarees, Inc. et al, No. 10-cv-04846. The persons who sued are called the Plaintiffs. The Defendants are Lucky Brand Dungarees, Inc., Kirshenbaum Bond Senecal & Partners d/b/a Lime Public Relations + Promotion, Kirshenbaum Bond & Partners West LLC, Merkle, Inc., and RGAR Holdings, LLC f/k/a Take 5 Solutions, LLC.

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