Who is a Class Member
- Anyone in the United States who received a promotional text message from Hooters of America on 1/28/15 that read “Hooters Fans: Our mClub has moved! Don’t worry, you’ll still receive exclusive news, just from a new number. Reply STOP to unsubscribe Msg&Data Rates may apply.“
- $50 Hooters gift card for tier one class members
- $20 Hooters gift card for tier two class members
Proof of Purchase
- Claim ID and PIN from notice (or Telephone number for people who did not receive a notice but believe they are a class member)
Hooters TCPA Class Action Settlement
- Etzel v. Hooters of America LLC, Case No. 1:15-cv-01055
- Pending in the U.S. District Court for the Northern District of Georgia
A class action lawsuit was filed against Hooters of America claiming they sent a text message without gaining consent of the recipients to receive such messages or had revoked any previously given consent. Class members claim Hooters of America violated the Telephone Consumer Protection Act (aka TCPA) which prevents such text messages from going out without gaining consent.
Hooters came to a settlement agreement in August of 2107 to create a settlement fund that will cover court costs, class counsel’s attorney fees, and the costs of settlement administration. The HOA TCPA Settlement fund will be 1.29 million dollars and class members who file valid claims will receive $20 or $50 gift cards. Class members that are eligible to collect $50 are those who opted out of receiving text messages from Hooters, such as by texting a “STOP” message (known as tier one class members). Class members that are eligible to collect $20 are those who opted out of receiving Hooters text messages by declining to respond to Hooters’ October 2013 text message that asked them to reaffirm their prior consent to receive text messages about Hooters’ mClub (known as tier two class members).
Class members in the case will be represented by W. Pitts Carr, Alex D. Weatherby, Nicholas P. Panayotopoulos, and David Ghattas. Hooters of America has hired Becca J. Wahlquist and Alisa P. Cleek.
- December 20th, 2017: claim filing deadline
- February 2nd, 2018: settlement fairness hearing (class members do not need to attend this hearing in order to receive a settlement gift card)
- January 28th, 2015: date the text message was sent by Hooters of America
- Mail: HOA TCPA Settlement Administrator, c/o KCC Class Action Services, P.O. Box 404000, Louisville KY, 40233-4000
- Phone: 1-888-334-1086
- Email: N/A