Welcome to the Melito v. American Eagle Outfitters, Inc. Settlement Website
United States District Court, Southern District of New York Case No. 1:14-cv-02440
If you received text messages on your cell phone from American Eagle Outfitters, Inc., you may be entitled to benefits under a class action settlement.
A federal court authorized the Notice. This is not a solicitation from a lawyer.
A proposed settlement will provide a total of $14,500,000 (the "Settlement Fund") to fully settle and release claims of certain persons who received texts from or on behalf of American Eagle Outfitters ("AEO") to their cell phones (the "Settlement Class"). The class does not include all persons who received text message on behalf of AEO. Instead, the class consists of a smaller subset of texts the parties have identified as having been allegedly unlawfully sent.
Plaintiffs allege that certain of these text messages violated the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (the "TCPA"). AEO denies Plaintiffs' allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiffs' claims or AEO's defenses. By entering into the settlement, AEO has not conceded the truth or validity of any of the claims against it.
The Settlement Fund shall be used to pay all amounts related to the settlement, including awards to Settlement Class members who submit a valid and timely claim form to receive payment ("Claim Form"), attorneys' fees and costs to attorneys representing Plaintiffs and the Settlement Class ("Class Counsel"), certain approved third party expenses, any service award for Plaintiffs and the costs of notice and administration of the settlement. Class Counsel estimate that Settlement Class members who timely submit a valid Claim Form will receive an estimated amount of between $142 and $285. Monies remaining in the Settlement Fund after these payments are made will be distributed to the National Consumer Law Center only if an additional distribution is not feasible.
Your rights and options, and the deadlines to exercise them, are explained in the Notice. Your legal rights are affected whether you act or don't act. Read the Notice carefully.
The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient.
THE SETTLEMENT CLASS
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
|SUBMIT A CLAIM FORM
||If you submit a valid Claim Form by May 24, 2017, you will receive a payment and will give up your rights to sue AEO and/or any other released parties on a released claim. You may submit a Claim Form through this website.
|EXCLUDE YOURSELF OR "OPT-OUT" OF THE SETTLEMENT
||If you ask to be excluded, you will not receive a payment. This is the only option that allows you to pursue your own claims against AEO and/or other released parties in the future. The deadline for excluding yourself is May 24, 2017.
|OBJECT TO THE SETTLEMENT
||Write to the Court about why you believe the settlement is unfair in any respect. The deadline for objecting is May 24, 2017. To obtain a benefit from this settlement, you must still submit a Claim Form. If you submit only an objection, you will not receive any benefit from the settlement and you will give up your rights to sue AEO and/or any other released parties on a released claim.
||If you do nothing, you will not receive any monetary award and you will give up your rights to sue AEO and/or any other released parties on a released claim.
|GO TO THE FINAL APPROVAL HEARING
||Ask to speak in Court about the fairness of the settlement. To speak at the Final Approval Hearing, you must comply with the requirements set forth in Frequently Asked Question 22 no later than May 24, 2017.