On September 18, 2019, the US District Court for the Southern District of Florida granted final approval of a class action settlement with Checkers Drive-In Restaurants, Inc. The complaint, filed in January 2019, alleged that Checkers had used an automatic telephone dialing system to send text messages to the plaintiffs’ cellphones during the course of 12 months after the plaintiffs had expressly revoked their consent, in violation of the Telephone Consumer Protection Act, 47 USC § 227 et seq. The plaintiffs claimed that the text messages used their cellular data (i.e. cost them money), invaded their privacy, caused them frustration and aggravation, and diverted their attention away from work and other activities.
The settlement, which received the court’s preliminary approval on May 28, 2019, provides for a settlement amount of up to $3,461,850, which includes $450 to each class member who submits a valid claim, as well as attorneys’ fees, costs, and a $5,000 service award to the named plaintiff.