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American Eagle Outfitters $14.5M Spam Text Deal Affirmed

April 30, 2019, 3:01 PM

Experian Marketing Solutions Inc. failed April 30 to derail a $14.5 million spam text class settlement between American Eagle Outfitters Inc. and consumers.

Receiving unsolicited text messages without further harm is enough of an injury to sue in federal court, Judge Peter W. Hall wrote for the U.S. Court of Appeals for the Second Circuit.

Federal courts continue to struggle with how to interpret the U.S. Supreme Court’s holding in Spokeo Inc. v. Robins that a “bare procedural violation” alone doesn’t meet the injury-in-fact requirement for standing.

But courts have consistently found that violations of the Telephone Consumer Protection Act...

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