If you have received unsolicited marketing text messages or phone calls from Designer Brands Inc., you may be eligible for a cash payment. A class action settlement has been reached regarding allegations that the company violated the Telephone Consumer Protection Act (TCPA). This guide explains the details of the settlement, who is eligible to participate, and the steps you need to take to secure your portion of the fund.
Understanding the Designer Brands TCPA Settlement
The Telephone Consumer Protection Act is a federal law designed to protect consumers from unwanted telemarketing. It strictly regulates how companies can use automated dialing systems and pre-recorded messages to contact individuals. The lawsuit against Designer Brands, the parent company of popular retailers like DSW, alleged that the company sent marketing text messages to consumers without obtaining their prior express written consent.
While Designer Brands has denied any wrongdoing and maintains that its marketing practices were legal, the company has agreed to a settlement to avoid the costs and uncertainties of a prolonged legal battle. This settlement creates a fund that will be distributed among eligible class members who submit a valid claim.
Who Is Eligible for a Payment?
Eligibility for a class action settlement depends on whether you fall within the specific “Class Member” definition established by the court. For the Designer Brands TCPA settlement, you are generally considered a class member if you meet certain criteria related to the communication you received.
The Settlement Class Definition
You may be eligible if you received one or more automated marketing text messages from or on behalf of Designer Brands during the specified class period. Typically, this period spans several years leading up to the preliminary approval of the settlement. To qualify, these messages must have been sent to a phone number that was either on the National Do Not Call Registry or for which you had not provided prior written consent.
How to Confirm Your Eligibility
Most eligible individuals receive a notice via email or postal mail. This notice often contains a unique Class Member ID or Claim ID. If you did not receive a notice but believe you are eligible because you received unwanted texts from DSW or Designer Brands, you can still search the settlement database using your phone number on the official settlement website.
How to File Your Claim
Filing a claim is the most important step in receiving your settlement payment. Even if you are eligible, you will not receive a check automatically. You must actively participate by submitting a claim form before the court-ordered deadline.
Step 1: Locate Your Claim ID
If you received a notice in the mail or via email, look for a unique identification number. This number simplifies the process by pre-filling your information in the online system. If you don’t have an ID, you can still proceed by providing your contact information and the phone number that received the messages.
Step 2: Complete the Claim Form
The claim form is usually available online through a dedicated settlement administrator website. You will be asked to provide your name, current mailing address, and the phone number associated with the claim. In some cases, you may need to provide a simple electronic signature under penalty of perjury confirming that you received the messages without your consent.
Step 3: Choose Your Payment Method
Many modern settlements offer multiple ways to receive your funds. You can often choose between a physical check mailed to your home or a digital payment via services like PayPal, Venmo, or a digital prepaid card. Selecting a digital option can sometimes lead to faster delivery once the funds are released.
Step 4: Submit and Save Your Confirmation
Once you submit the form, you should receive a confirmation number. Save this for your records. It serves as proof that you filed your claim on time should any issues arise during the distribution phase.
Estimated Payout Amounts
One of the most common questions is how much each person will receive. The final amount depends on several factors, including the total size of the settlement fund after legal fees and administrative costs are deducted, and the total number of valid claims submitted.
- Pro Rata Distribution: Most TCPA settlements use a pro rata system. This means the remaining fund is divided equally among all people who filed valid claims.
- Historical Averages: While every case is different, TCPA settlement payouts often range from $20 to $100 per person. However, these figures can fluctuate significantly based on participation rates.
- No Guaranteed Amount: It is important to remember that the final amount cannot be determined until the claim period has ended and all forms have been processed.
Important Deadlines to Remember
Class action settlements are strictly governed by timelines. If you miss a deadline, you lose your right to claim money or object to the terms of the deal. Keep the following dates in mind:
- Claim Filing Deadline: This is the last day you can submit your form. Forms submitted after this date will be rejected.
- Exclusion Deadline: If you wish to sue Designer Brands individually for these same issues, you must “opt-out” or exclude yourself by this date.
- Objection Deadline: If you think the settlement is unfair, you have until this date to submit a written objection to the court.
- Final Approval Hearing: The court will hold a hearing to decide whether to grant final approval to the settlement. Payments are only sent out after this hearing and after any potential appeals are resolved.
What Happens if You Do Nothing?
If you do nothing, you will receive no payment from the settlement fund. Furthermore, you will give up your right to ever sue Designer Brands for the specific legal claims covered by this lawsuit. By staying in the class but not filing a claim, you are essentially releasing the company from liability without receiving any compensation. Therefore, if you are eligible, it is always in your best interest to either file a claim or officially exclude yourself.
Conclusion
The Designer Brands TCPA settlement provides a straightforward way for consumers to receive compensation for unwanted marketing communications. By following the steps to verify your eligibility and submitting your claim before the deadline, you can ensure you receive your share of the settlement fund. Taking a few minutes to complete the online form is a simple way to hold companies accountable for their telemarketing practices. For more information on navigating consumer rights and legal settlements, explore our other guides on managing digital privacy and resolving service disputes.