Who is a Class Member
- Class Members of the HD Supply unwanted text messages settlement include “all persons in the U.S., who, according to HD Supply’s records, were contacted by HDS on their mobile phone in connection with the promotional and/or marketing campaign between Oct. 21, 2011 and July 26, 2017.”
If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Settlement Amount
- $1,200,000.00
Estimated Award
- TBD
The $1.2 million settlement will be paid to Class members on a pro rata basis, meaning the funds will be divided equally among class members who submit valid and timely claims.
Proof of Purchase
- Claimants must provide the telephone number at which they received the HD Supply text messages.
Claim Form
HD Supply Unwanted Text Messages Settlement Notes
- Weisberg v. HD Supply Inc.
- Case No. 2:15-cv-08248-FMO-MRW
- Pending in the U.S. District Court for the Central District of California
Plaintiff Jonathan Weisberg initiated this class action lawsuit, alleging HD Supply violated the Telephone Consumer Protection Act by sending unwanted text messages to more than 13,000 cellphone numbers, without the consent of the recipient.
According to Weisberg, HD Supply allegedly offered him and other Class members, a 10 percent discount if they texted a particular phone number. However, what customers were not told is that in sending this initial text message, they would continued to be barraged by unwanted text messages as part of HD Supply’s text advertising campaign.
The TCPA was enacted in 1991 and the law serves to restrict the use of automated telephone dialing systems (ATDS) and unwanted telemarketing solicitations. The TCPA also mandates that recipients give prior express consent to receive SMS text messages that are not for emergency purposes. Businesses that fail to comply with TCPA regulations can face hefty fines, upwards of $1,500 per text or call.
HD Supply denies it did anything wrong and does not admit to any liability but has agreed to pay $1.2 million to settle the allegations and avoid further litigation.
Class members who wish to exclude themselves or opt-out of the settlement must do so by Dec. 5, 2017. Class members who wish to submit a claim must do so by Dec. 26, 2017.
Important Dates
- 12/26/17: Claim Form Deadline
- 12/5/17: Exclusion or Objection Deadline
- 1/18/18: Final approval hearing at 10:00 am PST (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
Contact Information
- Mail: HDS Settlement Administrator, c/o Epiq Systems Inc., PO Box 4129, Portland, OR 97208-4129
- Phone: 1-844-774-7738
- Email: info@HDSSettle.com
Class Counsel
- Todd M. Friedman of The Law Offices of Todd M. Friedman PC
Settlement Website