A class action lawsuit in which Lucky Brand is a defendant has reportedly reached a $10 million settlement this week. California residents, Juvenal Robles and Abel Figuero filed suit against Lucky and its marketing subcontractors in October 2010 the U.S. District Court in the Northern District of California stemming from promotional text messages advertising discounted Lucky Jeans between Aug. 24 and Sept. 15, 2008. The plaintiffs claim Lucky violated the Telephone Consumer Protection Act (TCPA) of 1991 by sending an allegedly unsolicited text message to their cell phones. The TCPA generally restricts telephone solicitations, but the Ninth Circuit (the Federal court of Appeals with jurisdiction over California) has held that the TCPA applies to unsolicited text message advertising, as well.
The settlement, which was actually reached this Spring has been subject to various rounds of edits and was finally given an "ok" from Judge Maxine Chesney. Much of the information surrounding the suit is confidential, thanks to a protective order dating back to December 2010. However, the bottom line: all persons who received promotional texts advertising discounted Lucky Jeans (in the court's jurisdiction) between Aug. 24 and Sept. 15, 2008 will be entitled to up to $100.