Frequently Asked QuestionsWHAT IS THIS LAWSUIT ABOUT?
Plaintiff alleged that BABW sent text message solicitations to customers after they had revoked consent to receive them, in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. and certain regulations promulgated thereunder, including 47 C.F.R. §§ 64.1200(c)(2) and 64.1200(d) (collectively, the “TCPA”). BABW has denied these allegations and all claims of wrongdoing, and has asserted certain defenses, including that BABW established and implemented, with due care, reasonable practices and procedures designed to effectively prevent telephone solicitations in violation of the TCPA. However, given the risks, uncertainties, burden, and expense of continued litigation, the parties agreed to pursue settlement of this matter, which resulted in the Settlement that has been preliminarily approved by the Court.
All natural persons residing in the United States who received two or more text messages from, or on behalf of, BABW within a 12-month period between September 24, 2017 and March 28, 2023 (the “Class Period”) for the purpose of encouraging the purchase of property, goods, or services, after revoking consent to receive such text messages from BABW, including by texting “Stop” or “Quit,” in whole or in part, in response to a prior text message from, or on behalf of, BABW.
DO I NEED TO SUBMIT AN ADDRESS FORM?
If you received a Notice by mail, you do not need to submit an Address Form.
If you received a Notice by email, you must timely submit an Address Form to be eligible for a monetary settlement distribution. You can submit the Address Form on this website, or by fax at 1-888-326-6411, email at TCPATextSettlement@atticusadmin.com, or by U.S. Mail at Ruby v. Build-A-Bear, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164 no later than July 7, 2023.
HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT CLASS?
You may request to be excluded from the Settlement Class by timely submitting a request in writing to the Settlement Administrator by fax at 1-888-326-6411, email at email@example.com, U.S. Mail at Ruby v. Build-A-Bear, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164, or electronically via the website by using the Opt Out Form. If you do this, you will not receive a monetary settlement distribution, and you may not object to the Settlement. You will, however, keep your right to sue regarding the claims asserted in the class action.
HOW DO I OBJECT TO THE SETTLEMENT?
You may object to the Settlement by submitting a valid and timely objection to the Court and counsel for the Parties in compliance with the terms and conditions of the Settlement Agreement and Release, no later than July 7, 2023. You may object to the Settlement only if you do not also exclude yourself.
WHEN IS THE FINAL APPROVAL HEARING?
The final approval hearing for this matter is scheduled for September 6, 2023 at 11:00 a.m.