Who is a Class Member

You are a member of the Simply Fashion, ExactTarget Unwanted Text Message Class Action Settlement if you “received a text message via an ExactTarget texting platform from or on behalf of Simply Fashion from July 23, 2009, through September 30, 2013.”

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.

Settlement Amount

  • $6,250,000.00

Estimated Award

  • Up to $1,500

Settlement Class members who submit a valid claim will receive a pro rata share of the settlement fund up to $1,500. Your  exact payment will depend on how many Settlement Class members submit Claim Forms.

Proof of Purchase

  • N/A

Claim Form

  • class action lawsuits

Simply Fashion, ExactTarget Unwanted Text Message Settlement Notes

  • Simms v. ExactTarget LLC
  • Case No. 1:14-cv-00737-WTL-DLP
  • Pending in the U.S. District Court for the Southern District of Indiana

Plaintiff Latonya Simms brought this class action lawsuit against ExactTarget alleging the company violated the Telephone Consumer Protection Act (TCPA) by sending unwanted text message spam to her and other Class members’ cell phones, without their consent.

Specifically, Simms claims that ExactTarget on behalf of Simply Fashion stores repeatedly sent unsolicited and unwanted text messages using an automated telephone dialing system, some which had an opt-out method and some that did not.. These unwanted text messages advertised store sales promos for Simply Fashion, such as “BOGO 50% off ALL dresses until Mother’s Day! Celebrate your Mom in style. See store for details. FWD to a friend! Reply STOP to be removed.”

Simms says she replied “STOP” to these text messages and received receipt by ExactTarget of her request to be removed. However, despite this confirmation, she continued to receive the unwanted text messages on at least 7 more times over a period of a month.

The TCPA strictly forbids nuisance and intrusive texts like Simms’ alleges she received from ExactTarget on behalf of Simply Fashion stores to consumers’ cell phones without their consent.

ExactTarget denies any wrongdoing. Complete details about the case and settlement are provided on the Simply Fashion ExactTarget TCPA settlement website.

Class members who wish to object to or exclude themselves from the Simply Fashion, ExactTarget Unwanted Text Message settlement must do so by June 5, 2018. Class members who wish to participate in the settlement must submit a claim form on or before June 12, 2018.

Important Dates

  • 6/12/18: Claim Form Deadline
  • 6/5/18: Objection or Exclusion Deadline
  • 7/20/18: Final Hearing at 1:30 pm ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

*Settlement Class Members who wish to speak at the hearing should check the www.SimmsTCPASettlement.com to confirm that the date or time of the Hearing has not been changed.

Contact Information

  • Mail: Simms v. ExactTarget LLC Claims Administrator, c/o Heffler Claims Group, P.O. Box 11730, Philadelphia, PA 19101-1730
  • Phone: 1-844-245-3777
  • Email: Admin@ConsumerAdvocates.com (Class Counsel)

Class Counsel

Settlement Website


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