Madeleine Yates v. Checkers Drive-In Restaurants, Inc. and Vibes Media, LLC
Burger TCPA Settlement
Case No: 1:17-cv-09219

Welcome to the Burger TCPA Settlement Website

If you were sent a Checkers or Rally's-branded promotional text message by or on behalf of Defendants from December 21, 2013, to March 8, 2019, you could be part of a proposed Settlement Class.

Click here to file a claim

 

Important Update:

  • Per Court Order, the claim filing deadline has been extended to March 15, 2021. [The extended claim filing deadline has passed]
  • The final approval hearing previously set for November 10, 2020 has been rescheduled to April 14, 2021 at 10:00 a.m. Central Time.

What is the lawsuit about?

In the lawsuit, the Plaintiff alleges that Defendants violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq, by sending her a text through an ATDS without her prior express written consent. Plaintiff alleges that she texted the keyword BUFORD to Defendants in order to receive a coupon for Checkers food, but that the response message she received from Defendants did not contain a coupon. Defendants deny any wrongdoing, deny that they did not have prior express written consent and deny that they violated the Telephone Consumer Protection Act or any other law. Both sides have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigation.

Additional information about the lawsuit and important court documents may be found on the Important Documents and FAQs pages of this website.

Who is included?

For settlement purposes, the Court has certified a Class consisting of all people who meet the following definition:

All individuals within the United States who were sent a Checkers or Rally’s-branded promotional text message by or on behalf of Defendants from December 21, 2013, to March 8, 2019.

The Settlement Class excludes the following: (1) the trial judge presiding over this Action; (2) Defendants, as well as any parent, subsidiary, affiliate, or control person of Defendants, and the officers, directors, agents, servants, or employees of Defendants; (3) any of the Released Persons; (4) any Successful Opt-Outs; (5) Class Counsel, their employees, and their immediate family; and (6) members of the settlement class approved in Medgebow v. Checkers Drive-In Restaurants, Inc., No. 9:19-cv-80090 (S.D. Fla.) on September 18, 2019.

If you are not sure you are included, you can get more information on the FAQs page of this website.

What does the Settlement provide?

Under the Settlement, Defendants have agreed to provide two $5 dollar vouchers, injunctive relief, attorney’s fees, costs, any incentive award to the Class Representative, and settlement administration costs.

YOUR LEGAL RIGHTS AND OPTIONS

ACTION & DUE DATE EXPLANATION

Submit a Claim Form

Deadline: March 15, 2021

[The extended claim filing deadline has passed]

Complete and submit a Claim Form and receive two $5 vouchers

Click here to file a claim

Class Members have the right to complete and submit a Claim Form to possibly receive two $5 dollar vouchers.

For more information about submitting a Claim Form, see FAQ No. 5.

Ask to be Excluded

Deadline: March 15, 2021

[The extended exclusion deadline has passed]

Get out of this lawsuit and get no benefits from it

Instead of submitting a Claim Form, Class Members have the right to ask to be excluded from the lawsuit. By excluding yourself, you cannot recover as part of this settlement and you keep a right to sue on your own. See FAQ No. 9.

Object

Deadline: March 15, 2021

[The extended objection deadline has passed]

Object to the terms of the Settlement Agreement

Instead of submitting a Claim Form or asking to be excluded, Class Members have the right to object to the terms of the Settlement Agreement and have their objections heard at the April 14, 2021 Final Approval Hearing. See FAQ No. 10.
 

For More Information

Visit this website often to get the most up-to-date information.

Mail

Burger TCPA Settlement
C/O JND Legal Administration
PO Box 91219
Seattle, WA 98111