Vegas Theater Reaches $21 Million Deal With Unwanted Text Class

A Las Vegas production company has reached a settlement with a certified class of consumers alleging it sent them unsolicited promotional text messages, the class told the District of Nevada Oct. 7.

Saxe Theater LLC will provide class members with two tickets, worth $35 to $100 each, to a show of their choice under the deal. Each of the 108,000 class members will automatically receive a ticket code by email and postcard and won’t have to submit claims. The ticket compensation has a retail value of $7.6 to $21.7 million, the class said.

The settlement also bars Saxe from sending automated text messages without a written opinion from an attorney that the texting complies with the Telephone Consumer Protection Act. The attorney must have $4 million in legal malpractice insurance, according to the terms of the deal.

Saxe will provide another $800,000 for settlement administration and fees. The named plaintiffs may seek service awards of up to $15,000 from that fund, and class counsel will get the remainder in attorneys’ fees.

The consumers allege Saxe collected their cell phone numbers when they reserved seats to shows Saxe produced. Saxe then hired Twilio Inc. to develop and implement a telemarketing text message program that sent hundreds of thousands of unsolicited texts promoting Saxe shows. The claims against Twilio have been dismissed.

Judge Richard F. Boulware II of the U.S. District Court for the District of Nevada must approve the settlement.

Sound Justice Law Group PLLC, Mazie Slater Katz & Freeman LLC, and others represented the consumers.

Davis Wright Tremaine LLP represented Saxe.

The case is Bauman v. Saxe, D. Nev., No. 14-1125, motion for preliminary approval 10/7/19.