On July 18, 2018, New Jersey federal court Judge Peter Sheridan granted preliminary approval to a $1.4 million settlement between iconic New York City department store Bloomingdale’s and a class of customers who allege that the store violated the Telephone Consumer Protection Act (“TCPA”) by sending members of Bloomingdale’s Loyalist Program unsolicited texts detailing store promotions.
Named plaintiff Eli Ashkenazi originally filed suit on April 16, 2015. In the amended complaint, filed in June 2015, Plaintiff argues that the defendant never informed its Loyalist Program participants that the company would be sending text promotions. Ashkenazi insists that Loyalists were never asked for their consent to receive any textual communication from the defendant.
The class is comprised of members of Bloomingdale’s Loyalist Program who received unsolicited promotional texts from the store on or after October 16, 2013. The $1.4 million settlement is comprised of $750,000 in cash and $650,000 in Bloomingdale’s merchandise credits. Class members will have the option of choosing a $25 check or a $50 Bloomingdale’s voucher.
The case is: The case is Ashkenazi v. Bloomingdale's Inc. et. al., case number 3:15-cv-02705, in the U.S. District Court for the District of New Jersey.
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