On December 22, 2018, a New Jersey federal judge gave final approval to a $1.4 million settlement that resolved a class action lawsuit claiming high-end retailer Bloomingdale’s sent unsolicited spam text messages to approximately 46,000 customers. The Bloomingdale’s settlement provided $750,000 in cash and $650,000 in Bloomingdale’s vouchers to consumers who claimed they received unsolicited text messages from the retailer. Per the terms of the settlement agreement, Class Members would have a choice between a receiving a $25 check or a $50 voucher. In addition, $450,000 would go to attorneys’ fees and costs, and the lead plaintiff, Eli Ashkenazi would receive an incentive award of $5,000. In reaching a possible settlement to the text message class action lawsuit, Bloomingdale’s continues to deny all wrongdoing, but both parties have agreed to a settlement to avoid the potential risks and costs of continuing litigation. The settlement agreement was started in June 2017. Consumers and the company went into mediation in December 2017 with retired Federal Judge Steven Orlofsky, with Blank Rome, with the proposed settlement reached two months later. Ashkenazi claimed Bloomingdale’s sent unsolicited text messages to members of their Loyalist Program, without warning participants “in any fashion” that the company would send them text messages. Allegedly, program participants did not give their express consent to receive the texts, by signing a form or by other means. This is in alleged violation of the Telephone Consumer Protection Act (TCPA). However, the Bloomingdale’s TCPA class action lawsuit argues that Bloomingdale’s sent texts out to participants “as a matter of uniform policy,” adverting the company’s sales and promotions. The Bloomingdale’s text message class action lawsuit’s class of consumers covers all members of the Bloomingdale’s Loyalist Program who received text messages advertising promotions on or after October 16, 2013.  Eli Ashkenazi and the consumer class are represented by Ross H. Schmierer of DeNittis Osefchen Prince PC, Ari H. Marcus of Marcus Law LLC, and Todd M. Friedman of the Law Offices of Todd M. Friedman. The Bloomingdale’s Text Spam Class Action Lawsuit is Ashkenazi v. Bloomingdale’s Inc. et. al., Case No. 3:15-cv-02705, in the U.S. District Court for the District of New Jersey.