Palm Beach Autoplex Settles TCPA/FTSA Lawsuit for $425,000

If you received a text message from Palm Beach Autoplex LLC after asking them to stop, you may be eligible to claim up to $279 per text from a class action settlement.

Palm Beach Autoplex LLC has agreed to pay $425,000 to settle a class action lawsuit for alleged violations of the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA). The lawsuit alleges that Palm Beach Autoplex sent text messages to individuals' telephone numbers after being asked to stop, in violation of these laws.

Who Can Claim an Award?

The settlement includes all individuals who received a text message from Palm Beach Autoplex LLC after having first asked the company to stop sending such messages.

If you are unsure whether you are included in the Settlement Class, you can call the settlement administrator's toll-free number: 1-888-780-3063.

What Awards Can Class Members Claim?

Each Settlement Class Member who submits a timely, valid, correct, and verified Claim Form by the Claim Deadline will be sent a Claim Settlement Check by the Administrator equal to their pro rata share per text message they received of any funds available from the Settlement Fund after all Attorneys’ Fees and expenses, all Notice and Administration Costs, and any Service Award have been paid, but in an amount not to exceed $279 per text.

Hypothetical Award Calculation

If there are 1,000 valid claims and the total amount available after deductions is $279,000, each claimant would receive $279 per text message received. If the total amount available is less, the amount per text would be adjusted accordingly.

Is Proof Required to Claim the Reward?

No, claimants do not need to proactively provide proof they are a class member. They can claim an award by attesting they are a class member under the penalty of purjury.

How to Claim an Award

To claim your award, you can complete and submit a valid Claim Form online. You may also download a Claim Form from the official settlement website or request a Claim Form by calling the Settlement Administrator at 1-888-780-3063.

Mail your completed Claim Form to:

PBA Text Suit

c/o Settlement Administrator

1650 Arch Street, Suite 2210

Philadelphia, PA 19103

$425,000 Settlement Fund Breakdown

Class Counsel intends to request up to $140,250 for attorneys’ fees plus reasonable, actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid by Defendant out of the Settlement Fund. Class Counsel will also request a Service Award of up to $7,500 for Plaintiff for their service as Class Representative on behalf of the whole Settlement Class. Any Service Award will be paid by Defendant out of the Settlement Fund.

Important Dates

• Exclusion Deadline: September 7, 2024
• Claim Deadline: September 12, 2024
• Final Approval Hearing: September 27, 2024

When is the Payout?

Awards will be paid within 60 days following the Effective Date, which is after the Court grants Final Approval to the Settlement and any appeals are resolved.

Why is There a Class Action Settlement?

The lawsuit alleges that Palm Beach Autoplex sent text message calls to Plaintiff’s wireless telephone number after Plaintiff asked Defendant to stop doing so in violation of the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described.

What Happens Next?

The Court will hold a Final Approval Hearing on September 27, 2024, to decide whether to approve the Settlement. If the Settlement is approved and any appeals are resolved, benefits will be distributed to those who submit qualifying Claim Forms.