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.