AMERICANS can access free cash from a $4.42 million settlement pot – but you’ll need to act swiftly.
It follows a claim alleging that unsolicited marketing text messages were sent to consumers for six years.
2
2
The defendants, Designer Brands and DSW Shoe Warehouse, Inc. (DSW), have agreed to pay up to $4,429,180 into a settlement fund.
The cash agreement resolves claims they violated the federal Telephone Consumer Protection Act (TCPA) by sending unsolicited text messages to shoppers.
The TCPA class action lawsuit was lodged by plaintiffs in the U.S. District Court for the Southern District of Ohio, Eastern Division.
The expected individual payment is $70 per settlement class member.
But you’ll need to be quick to submit a claim – the deadline is just days away, on June 30.
The settlement website said that lodging a claim “is the only way to receive a payment.”
The federal court-authorized notice said, “If you received a text message from Designer Brands, Inc. and/or DSW Shoe Warehouse, Inc. selling their products and services after you had already made a request to not receive future marketing text messages from them, you could get a payment from this class action settlement.”
The plaintiffs alleged DSW and Designer Brands violated the TCPA by continuing to send marketing texts to consumers who said they didn’t want them from September 1, 2018 through September 1, 2024.
Firms are banned from sending unsolicited marketing text messages to their customers unless they voluntarily give them prior express written consent, according to TCPA rules.
The court has not decided who is correct in the case.
Designer Brands and DSW have denied all allegations of wrongdoing in the lawsuit.
The court notice said, “Settlement class members who submit a timely claim will receive a cash payment, which is expected to be $70.
“To qualify for payment, you must submit a valid claim form on or before June 30, 2025.”
However, it’s not clear as yet when the actual payment will be made to those affected by the alleged TCPA violation.
How to claim a share of the $4.42 million Designer Brands/DSW TCPA class action settlement
Designer Brands and DSW Shoe Warehouse, Inc. have agreed to pay up to $4,429,180 into a settlement fund.
The expected payment is $70 per settlement class member.
It affects consumers who received marketing text messages from Designer Brands or DSW despite refusing to receive future marketing text messages from September 1, 2018, through September 1, 2024.
To qualify for payment, you must submit a valid claim form on or before June 30, 2025.
See the court notice or the settlement website for more details.
The settlement notice added, “The court will hold a hearing on July 31, 2025 to decide whether to approve the settlement.
“If the settlement is approved, appeals may still follow.
“It is always uncertain when these appeals can be resolved and resolving them can take more than a year.
“No payments will be made until the court approves the settlement at the hearing and all appeals are final. Please be patient.”
EXCLUSION
Those who failed to exclude themselves by opting out of the payment by May 2 remain “part of the settlement,” it said.
“That means you cannot sue, continue to sue, or be part of any other lawsuit against Designer Brands and DSW regarding any text messages received from (them) during September 1, 2018, through September 1, 2024,” the notice warned.
Also, “if you do nothing, you will get no money from this settlement. You must file a claim form to be eligible for payment.”
The final approval hearing on July 31, 2025, will be held before the Hon. Sarah D. Morrison.
APPLE PAYOUT
There is also still time to file a claim for a slice of a $95 million payout.
However, eligible Apple users will only get a payment if they file on or before July 2, 2025.
What’s a class-action settlement?
Class action lawsuits offer groups of people, or ‘classes,’ a way to band together in court.
These suits are often brought by one or a few people who allege a company or other entity has wronged a large group of people.
When a suit becomes a class action, it extends to all “class members,” or people who may have similar complaints to those who filed the suit.
Companies often settle class actions – offering payment to class members who typically waive their right to pursue further legal action by accepting money.
These payout agreements frequently include statements by the defendant denying wrongdoing. Companies tend to settle class actions to avoid the costs of further litigation.
Pollution, discrimination, or false advertising are a few examples of what can land a class action on a company’s doorstep.
