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December 6, 2012 / Amanda Greenburg

$10 Million Settlement Reached in a Class Action Lawsuit Against Steve Madden for Text-Spamming

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A $10 million settlement has been reached in a class action lawsuit filed again popular shoe designer Steve Madden, Ltd. in connection with countless texts sent to consumers, considered to be spam in violation of federal law.

The case began in July of 2011, after Steve Madden sent numerous unsolicited text messages to consumers advertising the company’s fashion products and promotional events.  The class action suit was brought by Samantha Ellison, on behalf of herself and the class. Referring to the “57% of adults with cell phones have received unwanted or spam text messages on their phone,” the class action alleged that Steven Madden   sent numerous undesired texts to promote a holiday sale of its footwear and related products via text message to thousands of consumers. Additionally, Ellison asserted Madden violated the Telecommunications Privacy Act, 47 U.S.C. § 227, et seq which prohibits unsolicited voice and text calls to cell phones.

After one year of litigation, Steven Madden has offered a $10 million proposed settlement, which has been submitted to the court overseeing the case for approval.  A fairness hearing, which is designed to give absent or opposing class members an opportunity to be heard, is scheduling for February 25, 2013.  If it is approved, class members may be eligible to recover under the class settlement if they submit a valid Claim Form by April 11, 2013.   Class members include “All Persons Nationwide who from July 2010, until September 25, 2012 were sent any Text Message(s) promoting Steve Madden products and events from short codes 91919 or 623336.”  The Class contains approximately 203,254 members.

If you or a loved one has received an unsolicited text message, please contact please contact Khorrami, LLP for a confidential consultation.

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