Telemarketers on the Hook for Spam Texts — Plus More Class-Action Settlements

Several new class-action settlements involve violations of the Telephone Consumer Protection Act, a federal law that bans spam texts, unsolicited sales calls that use auto dialers, and spam faxes.

See if you qualify for any of the latest settlements, which also involve fake price schemes, a data breach and broken treadmill accessories.

YouFit Text Ads

YouFit Health Clubs LLC has agreed to a $1.4 million settlement regarding allegations that the company violated the Telephone Consumer Protection Act.

The class action lawsuit, filed in July 2018, alleged the company sent unsolicited texts to cell phones between July 25, 2014 and May 15, 2018. The text messages advertised YouFit’s $0 down promotion.

Consumers who received the unwanted texts and who were not already YouFit members could be eligible for a $7.50 settlement. The deadline to file a claim is Nov. 15, 2019.

For full details, click here.

Gap and Banana Republic Outlet Pricing

Customers who shopped at Gap or Banana Republic outlet stores may be eligible for part of a $3.75 million class-action settlement.

If you bought merchandise in person or online from a Gap Outlet, Gap Factory Store or Banana Republic Factory Store between May 24, 2010 and May 10, 2019, you could have been duped by an alleged falsely referenced pricing scheme.

California, New Jersey and Florida customers alleged the Gap and Banana Republic factory stores used fake reference prices to make the merchandise appear it was offered at a great savings at the outlet stores. The suit claims the items at the outlet stores were never offered for sale at any regular retail outlets.

The settlement allows customers who bought items during the specified timeline to receive $6 to $12 in store credit.

For the full scoop, click here and submit your valid claim by the Jan. 6, 2020 deadline.

Equifax Data Breach

The credit bureau Equifax has agreed to settle claims from its 2017 data breach for at least $380.5 million.

Almost 147 million people were affected by the leak of personal and financial data, amounting to one of the largest breaches in history. Plaintiffs claimed Equifax took inadequate cybersecurity measures that made their personal information vulnerable to hackers.

Affected consumers are eligible for either free credit monitoring services or a $125 cash payment. The settlement also provides a maximum of $20,000 expense reimbursement if the data breach resulted in out-of-pocket costs to the consumer, and a minimum of seven years of free identity restoration services.

The due date to file claims for credit monitoring services, alternative reimbursement compensation and Equifax subscription product reimbursement is Jan. 22, 2020.

If you plan to file a claim, experts say to consider the risk of future identity theft. Choosing the credit monitoring and identity theft services could be a better option than taking the money.

For complete details on this settlement that affects nearly half of the U.S. population, click here.

Precor Treadmill Heart Rate Monitor

Precor has agreed to settle a class-action lawsuit over allegations its treadmill heart rate chest straps were defective.

You could benefit from the settlement if you purchased Precor treadmills (models 9.23, 9.33, 9.27, 9.35, TRM 211, TRM 243, TRM 223, TRM 425, or TRM 445) between May 16, 2010 and Dec. 26, 2018 (for residents of California, Illinois, Missouri, New Jersey or New York) or between Dec. 26, 2014 and Dec. 26, 2018 (for residents of all other states).

Potential awards are as follows for anyone who submits a claim that includes the covered treadmill’s serial number:

• Models TRM 223 or TRM 243: a free Precor treadmill-compatible heart rate chest strap.
• Models 9.23 or TRM 211: a free Bluetooth-compatible heart rate chest strap.
• Models 9.27, 9.33, 9.35, TRM 425, or TRM 445: one year extended warranty coverage on treadmill heart rate chest strap.

Click here for more information. You’ll need to file a claim quickly. The deadline is Sept. 11, 2019.

Massage Envy Membership Rates

Members of Massage Envy between Nov. 4, 2006 and June 7, 2019 could be eligible for part of a $10 million settlement regarding claims the company unfairly increased monthly membership rates.

Plaintiffs alleged the spa increased membership fees on a continual basis without alerting customers in advance.

Members also may qualify for a voucher worth $10 to $50 if they submit a request by Sept. 20, 2019.

The voucher depends on the amount paid in fee increases:

• $10 voucher: paid $75 or less in fee increases
• $20 voucher: paid $75.01 to $125 in fee increases
•  $30 voucher: paid $125.01 to $175 in fee increases
•  $40 voucher: paid $175.01 to $225 in fee increases
• $50 voucher: paid $225.01 or more in fee increases

For complete details, click here.

Experian Public Records

If you requested and received a copy of your credit report from Experian between Jan. 15, 2011 and Sept. 21, 2018 that included a public record (bankruptcy, judgement or tax lien), you could be eligible for free credit monitoring.

Also included in this settlement are individuals who had a credit report provided to a third party (such as a lender) between Jan. 15, 2014 and Sept. 21, 2018 that included an inaccurately reported tax lien or civil judgement.

Without admitting any wrongdoing, Experian has settled claims that it failed to sufficiently report civil judgement and tax lien public records due to its own inadequate procedures for obtaining the information.

Consumers may receive two years of Experian IdentityWorks Plus credit monitoring service at no charge, and also may participate in a mediation program to request financial compensation.

The deadline to file your valid claim is Aug. 22, 2020. Click here for more details.

Seagram’s Ginger Ale 

If you bought Seagram’s Ginger Ale between April 1, 2013 and June 13, 2019, you could be eligible for a portion of a $2.45 million class-action settlement resolving claims Coca-Cola falsely labeled the products as containing “real ginger.

The lawsuit was filed in December 2016 alleging Seagram’s Ginger Ale products were deceptively marketed as containing real ginger, which would intentionally lead shoppers to believe the soft drinks consisted of real ginger root. The products allegedly have a chemical flavoring designed to imitate the taste of ginger and no real ginger root at all.

The purchase of 2-liter bottle, a 20-ounce bottle, a 12-pack of 12-ounce cans, or a 10-pack of 7.5-ounce cans are each considered a single product. 

Claims for 1-5 units will be compensated with $4. If you don’t have proof of purchase, you can claim up to 13 units per household and receive a payment of $10.40.

With proof of purchase, consumers can collect up to $80 for 100 units.

Click here for details and to file a claim by the Sept. 5, 2019 deadline.

Enagic Unwanted Phone Calls

Water filter company Enagic has agreed to a $27.6 million lawsuit settlement regarding claims the company violated the Telephone Consumer Protection Act.

Eligible class members include consumers who received a robocall telemarketing call from Enagic or any of its distributors between July 8, 2011 and March 13, 2018. The unsolicited call must have originated using an automatic dialing system or been made using a prerecorded voice.

Enagic and its distributors were accused of making unwanted telemarketing calls urging consumers to buy water filtration systems and to become distributors for the company. 

Affected consumers could be eligible for $12 in compensation. For complete details and to file your claim by the Nov. 14, 2019 deadline, click here.

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