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.
Claim Forms must have been submitted electronically or postmarked on or before November 25, 2018.Back To Top
No. If you already filed a claim, you did not need to file another in order to receive a cash payment. Claim Forms must have been submitted electronically or postmarked on or before November 25, 2018.
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, P.O. Box 3145, Portland, OR 97208-3145.Back To Top
The official Notice is to inform you of the Settlement of a class action lawsuit and about all of your rights and options under the Settlement Agreement. It also describes the lawsuit, the 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 Settlement in the matter of Douglas v. The Western Union Co., Case No. 14-cv-1741 (the “Litigation”). The Settlement resolves 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 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, upon being approved by the Court on August 31, 2018, Settlement Class Members will receive the benefits described in the Settlement Agreement. The 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 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., P.O. 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 was 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” was distributed as cash payments to Settlement Class Members who submitted timely and valid claims. The cash payment is $247.83. Each Settlement Class Member will receive only one cash payment.Back To Top
Claim Forms must have been submitted electronically or postmarked on or before November 25, 2018.Back To Top
On October 5, 2020, the Court issued the Final Order and Judgment. Settlement award checks to the claimants that filed a timely and valid Claim Form mailed on October 26, 2020.Back To Top
The Court appointed Joseph J. Siprut of Siprut PC as “Class Counsel” to represent all members of the Settlement Class.Back To Top
The Court 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 were paid out of the Settlement Fund. The Court decided the amount of fees and expenses awarded.
The Court 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 did nothing, you will not get benefits from the Settlement. And, unless you have already excluded yourself, you are 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 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., P.O. Box 3145, Portland, OR 97208-3145, or call the toll-free number, 1-877-841-8516.Back To Top
Settlement checks were issued pursuant to the terms of the class action Settlement Agreement. Claimants submitted a claim for a settlement award, and the Settlement Administrator determined it was timely and valid.
The amount printed on the check is the full amount to which you are entitled based upon the terms of the Settlement.
Please negotiate the check promptly. Checks indicate when they expire, and are not negotiable after this date.Back To Top
Per the terms of the Settlement Agreement, Settlement Class Members who received one or more unsolicited messages sent by or on behalf of Western Union and who submitted a timely and valid claim were eligible to receive an award of $247.83.Back To Top
All reissue requests must be sent in writing to the Settlement Administrator at the address listed below.
Western Union Text Message Settlement
C/O Epiq Systems, Inc.
P.O. Box 3145
Portland, OR 97208-3145
If the name of the Class Member on the check should be changed, please send in documentation, as applicable, according to the following checklist:
Name Change – If your name has changed, please provide documentation showing this to be the case, which can include documents such as a marriage certificate or court papers indicative of a name change.
Name Removal – In order to have a name removed from a check reissue, either have both parties on the check sign a letter and return the check, or return the check with documentation that shows that one party is unable to negotiate the check (e.g., death certificate).
Deceased Class Member – If the Class Member indicated on the check is deceased, please submit acceptable documentation showing that you are the beneficiary of his or her Estate. Acceptable documentation may be a death certificate, together with the pertinent portion of the Will, or Court Order/Letters Testamentary naming you as Personal Representative, Administrator, Executor, or Executrix.
Incapacitated Class Member – If the claimant cannot act on his or her own behalf, acceptable documentation is a Power of Attorney, or guardianship or custodial paperwork.
Closed Business – If business is no longer active, please provide documentation of the business closure or asset sale.
For reasons of security, a check reissue cannot take place until either the original check is received back by us, a mailing has been returned to us as undeliverable, or until the original stale date of the check has passed or expired.
Because one of these events must occur before we can act on your request, it is not possible for us to provide an estimated date for the reissue to take place. We thank you for your patience.Back To Top
You cannot dispute the amount of your Settlement Payment, and the deadline to object was February 22, 2016.
The amount of your Settlement Payment is final and represents the amount to which you were entitled under the terms of the Settlement Agreement. The Court approved the Settlement, including the methodology used to determine the amount of Settlement Payments, at the Final Approval Hearing on August 31, 2018.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