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Have you received a text message from the King lately? A court has approved a class action lawsuit settlement between lead plaintiff Elizabeth Espinal and Burger King over unwanted text message advertisements. If you received a text message ad promoting a Burger King product after you requested to stop receiving promotional Burger King texts, you may be entitled to a $250 cash payment, or a lesser pro rata amount, from the class action lawsuit settlement.
The Burger King text advertisement class action lawsuit also names Textopoly, Inc. — the company that was hired to send the Burger King text messages and process the opt-out requests — as a defendant. Both companies deny any wrongdoing, but have agreed to a $510,000 class action settlement to avoid ongoing litigation.
This isn’t the first time a class action settlement has been won over unwanted text message advertisements. Settlements in the Stephen King Text Message Class Action Lawsuit and the Timberland Text Message Class Action Lawsuit resulted in significant cash awards for class members.
In order to claim money from the Burger King text settlement, you must be a U.S. citizen who, prior to May 25, 2010, received one or more unauthorized text message advertisements from Textopoly or its agent relating to a Burger King promotion or product after you requested to stop receiving the text ads.
As a class member of the Burger King Textopoly settlement, you may be able to receive $250 from the settlement fund in the form of a check. Depending on how many valid claims are filed and how much money is spent on fees and expenses, this amount may be reduced pro rata.
In order to receive money from the Burger King text class action lawsuit settlement, you must submit a valid claim form online or postmarked no later than November 12, 2010. Electronic claim forms and downloadable paper claim forms can be found at http://espinaltextsettlement.com.
Updated October 22nd, 2010
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