Simply Fashion ExactTarget TCPA Text Class Action Settlement

Class Eligibility

If you received an email or postcard providing notice of the Settlement, you have been identified as a user of a cell phone number that Defendant’s records show as having been sent a text message by or on behalf of Simply Fashion during the relevant time period. Specifically, the Settlement includes all persons in the United States who received a text message via an ExactTarget texting platform from or on behalf of Simply Fashion from July 23, 2009, through September 30, 2013 (the “Class Period”). The Parties estimate that there are approximately 528,451 persons in the Settlement Class.

Estimated Amount

Up to $1,500

Proof of Purchase


You need a PIN number or you need to provide the Cell where you received the messages

Case Name

Simms v. ExactTarget LLC
Case No. 1:14-cv-00737-WTL-DKL,

District Court for the Southern District of Indiana

Case Summary

Plaintiff seeks to hold Defendant liable under the Telephone Consumer Protection Act (“TCPA”) for text messages sent to consumers’ cellular telephones by or on behalf of Simply Fashion and using an automatic telephone dialing system or with an artificial or prerecorded voice message, without consent either because the consumers never asked to receive the Simply Fashion text messages or because they continued receiving the Simply Fashion text messages after asking for them to stop. Defendant denies any wrongdoing.

Settlement Pool





Simms v. ExactTarget LLC Claims Administrator

c/o Heffler Claims Group

P.O. Box 11730

Philadelphia, PA 19101-1730