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Consumer Law
Advertising
Telephone Consumer Protection Act

Samantha Ellison v. Steven Madden Ltd.

Published: Dec. 1, 2012 | Result Date: Sep. 25, 2012 | Filing Date: Jan. 1, 1900 |

Case number: CV-11-05935 PSG-AGR Settlement –  $10,000,000

Court

USDC Central


Attorneys

Plaintiff

Jay Edelson
(Edelson PC)

Azita Moradmand

Ryan D. Andrews

Suzanne L. Havens-Beckman
(Parisi & Havens LLP)

David C. Parisi
(Parisi & Havens LLP)

Ari J. Scharg
(Edelson PC)


Defendant

David S. Eisen
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)

Gregory K. Lee
(Wilson, Elser, Moskowitz, Edelman & Dicker)


Facts

Plaintiffs filed a class action lawsuit against Steve Madden Ltd., claiming that the company sent unsolicited text messages to consumers advertising Madden's fashion products and promotional events. The lawsuit claimed that these messages violated the Telephone Consumer Protection Act because consumers did not consent to receive text message advertisements.

Defendant denied it violated any law.

Result

The parties settled. Madden established a settlement fund of $10 million, with members of the settlement class entitled to receive up to $150 each.


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