The parties in Soular v. Northern Tier Energy, LP et al. recently filed a motion for preliminary approval of a $3.5 million Telephone Consumer Protection Act (TCPA) class action in the District of Minnesota.  The three named plaintiffs in the case alleged that they received unsolicited marketing text messages from the defendant convenience store, known as SuperAmerica, to purchase goods or services. 

After engaging in extensive arm’s-length negotiations before retired United States Chief Magistrate Judge Jonathan Lebedoff and retired Minnesota District Court Judge Richard Solum, the parties reached a settlement.  The parties have proposed a settlement class of “[a]ll persons and entities within the United States who received a text message from SuperAmerica to a cellular telephone through the use of an automatic telephone dialing system from January 1, 2012 through April 1, 2015.”  The class consists of approximately 175,000 individuals. 

SuperAmerica has agreed to pay $3.5 million in cash and in-store awards.  Each class member who submits a timely and valid claim will receive a check in the amount of $50 as well as a gift card for SuperAmerica worth $50.  Class counsel will receive $800,000 (or 30% of the dollar amount of the approved claims). 

We will continue to monitor the class for final approval of the class action settlement.