Santa Barbara, CA. (PRWEB) November 04, 2016
ILYM Group Inc., a neutral third party that has been court appointed as Claims Administrator for this case, announces that Class Counsel, Joshua B. Swigart, Abbas Kazerounian, Jason Ibey and Todd M. Friedman have reached an agreement to resolve this class action pending against Spectrum Club of Santa Barbara in the Superior Court of California, County of Santa Barbara. The lawsuit alleges that Spectrum Club of Santa Barbara violated the Telephone Consumer Protection Act by text messaging cell phones using an automated dialer for marketing purposes without consent. Under the terms of the settlement, Spectrum denies any liability but agreed to fund a $12,500 settlement and provide guest passes to each Class Member (with an estimated value of $50.00 each but which cannot be redeemed for cash) to fully resolve this matter without the time and expense of a court proceeding.
The settlement has been preliminarily approved by the Superior Court of California, County of Santa Barbara, Fox v. Spectrum Club of Santa Barbara case number 16CV00050 and is subject to the court’s final approval. The Settlement Class consists of persons who received a marketing text message from Spectrum between August 29, 2010 and August 29, 2014.
The settlement fund, paid separately from attorneys’ fees, litigation expenses, and costs of notice and claims administration, and any incentive payment as approved by the Court, will be distributed to Class Members who submit claims under procedures implemented by the Court overseeing the settlement.
Most persons included in the settlement class can be identified using Spectrum’s records and public records and will receive mailed notice of the settlement. Individuals who received such text messages but cannot be identified using Spectrum’s records and public records will need to contact the Claims Administrator to determine if they are in the settlement Class. For more information, call ILYM Group, Inc. toll free at 1-888-250-6810.
The deadline to file a claim is January 30, 2017. The deadline to request exclusion from the settlement is February 9, 2017. The deadline to object to the settlement is February 9, 2017.
Hyde & Swigart
Joshua B. Swigart: (619) 233-7770
Name: Martin Deniston: (213) 443-5100