Douglas v. The Western Union Co., Case No. 14-cv-1741 (N.D. ILL.)
The Court overseeing the Settlement ordered a Supplemental Notice be emailed to all Class Members who did not already file a Claim or Opt Out of the Settlement in order to allow them additional time to file a claim, if they so choose. The Court ordered, however, that the opt-out and objection period should not be reopened.Back To Top
No. If you have already filed a claim, you do not need to file another in order to receive a cash payment.
If you are not sure whether you filed a claim or have any other questions about the Settlement, please email info@WesternUnionTCPASettlement.com or call the toll-free number 1-877-841-8156. You also may send questions to Western Union Text Message Settlement Administrator, PO Box 3145, Portland, OR 97208-3145Back To Top
The official Notice is to inform you of the proposed Settlement of a class action lawsuit and about all of your rights and options under the Settlement Agreement. It also describes the lawsuit, the proposed Settlement, your legal rights, what benefits are available and who can get them.
Judge Gary Feinerman of the United States District Court, Northern District of Illinois is overseeing the proposed Settlement in the matter of Douglas v. The Western Union Co., Case No. 14-cv-1741 (the “Litigation”). The proposed Settlement will resolve the claims made against Western Union in the Litigation. The people who sued are called the “Plaintiff.” Western Union is the “Defendant.”Back To Top
The lawsuit alleges that Western Union sent text messages to Plaintiff’s wireless telephone numbers without prior express written consent and in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), and it seeks statutory damages under the TCPA on behalf of the named Plaintiff and a proposed class of all Persons in the United States who received one or more text messages sent by or on behalf of Western Union between March 12, 2010 and November 10, 2015, so long as that person falls within one or both of these categories: (1) the person obtained a Western Union online account and did not enroll in the Western Union loyalty program; or (2) the person conducted an online transaction with Western Union without authorizing Western Union to send a text message, and then received a text message stating that the intended recipient did not retrieve the money transfer.
Western Union denies each and every allegation of wrongdoing, liability and damages that were or could have been asserted in the Litigation and further denies that the claims in the Litigation would be appropriate for class treatment if the Litigation were to proceed through trial.
The Settlement resolves the lawsuit. The Court has not decided who is right.Back To Top
The TCPA is a federal law that restricts telephone solicitations and the use of certain automated telephone equipment, such as automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines.Back To Top
In a class action, one or more people called “Class Representatives” (in this case, Plaintiff Jason Douglas) sue on behalf of themselves and other similarly situated people. Together, all the people with similar claims are members of a “Settlement Class.”Back To Top
The Court has not decided in favor of Plaintiff or Western Union. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and, if the Settlement is approved by the Court, Settlement Class Members will receive the benefits described in the Settlement Agreement. The proposed Settlement does not mean that any law was broken or that Western Union did anything wrong. Western Union denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.Back To Top
The Settlement includes all Persons in the United States who received one or more text messages sent by or on behalf of Western Union between March 12, 2010 and November 10, 2015, so long as that person falls within one or both of these categories: (1) the person obtained a Western Union online account and did not enroll in the Western Union loyalty program; or (2) the person conducted an online transaction with Western Union without authorizing Western Union to send a text message, and then received a text message stating that the intended recipient did not retrieve the money transfer. These people are called the “Settlement Class.”
Excluded from the Settlement Class are (a) Western Union, its officers, its directors; (b) Class Counsel; and (c) the Judges who have presided over the Litigation and their immediate family members.Back To Top
If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, please email info@WesternUnionTCPASettlement.com or call the toll-free number 1-877-841-8156. You also may send questions to the Western Union Text Settlement at Western Union Text Message Settlement Administrator, C/O Epiq Systems, Inc., PO Box 3145, Portland, OR 97208-3145.Back To Top
Western Union has agreed to pay $8.5 million to create a “Settlement Fund.” The Settlement Fund will be used to pay all Settlement costs, including Notice and Administration Costs, the Attorneys’ Fee Award, and Incentive Award to the Class Representative. The remaining “Net Settlement Fund” will be distributed as cash payments to Settlement Class Members who submit Valid Claims. The cash payments will be approximately $250 or an equal share of the Settlement Fund, depending on the number of Valid Claims received. For example, if 1% of the Settlement Class submits Valid Claims, each Settlement Class Member would receive approximately $706. If, however, 5% of the Settlement Class submits Valid Claims, each Settlement Class Member would receive approximately $140. These are only estimates. The total amount of each cash payment will be determined after all Valid Claims are processed, Notice and Administration Costs are finalized, and the Court awards attorneys’ fees. Each Settlement Class Member may only file one claim and receive only one cash payment.Back To Top
To get a payment, you must submit a claim using your 12-digit, unique identifier provided in the postcard or email notice you received. If you qualify for a Cash Award, you must complete and submit a valid Claim Form. You can submit your Claim Form online here. The deadline to file a claim online is 11:59 p.m. PST on November 25, 2018.
You may also submit your Claim Form via regular mail. Claim Forms submitted by mail must be postmarked on or before November 25, 2018 to:
Western Union Text Message Settlement
C/O Epiq Systems, Inc.
PO Box 3145
Portland, OR 97208-3145
No matter which method you choose to file your Claim Form, please read the Claim Form carefully and provide all the information required. Only one Claim Form per Settlement Class Member may be submitted.Back To Top
Payments to valid claimants will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see FAQ 15). If there are appeals, resolving them can take time. Please be patient.Back To Top
The Court has appointed Joseph J. Siprut of Siprut PC as “Class Counsel” to represent all members of the Settlement Class.
You will not be charged for this lawyer’s services. The Attorneys’ Fee Award will be paid directly from the Settlement Fund. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.Back To Top
The Court has ordered Class Counsel to be paid $425,000 from the Settlement Fund for attorneys’ fees, plus reimbursement of reasonable, actual out-of-pocket expenses incurred in the Litigation. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees and expenses to award.
The Court has also awarded an Incentive Award of $5,000 be paid from the Settlement Fund to the Class Representative for his service as representative on behalf of the whole Settlement Class.Back To Top
The Court held the Fairness Hearing on April 25, 2016. The Settlement received Final Approval on August 31, 2018.Back To Top
If you are a member of the Settlement Class and do nothing, you will not get benefits from the Settlement. And, unless you have already excluded yourself, you will be bound by the judgment entered by the Court. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit or proceeding against Western Union about the claims at issue in this case.Back To Top
The official Notice summarizes the proposed Settlement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement. Plaintiff’s Complaint and other important documents are available here.
You may also write with questions to the Settlement Administrator at Western Union Text Message Settlement, C/O Epiq Systems, Inc., PO Box 3145, Portland, OR 97208-3145, or call the toll-free number, 1-877-841-8516.Back To Top
NOTICE: This website provides a summary of the Settlement and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.
Questions? Contact the Settlement Administrator at 1-877-841-8156 or by email at info@WesternUnionTCPASettlement.com