The Cubamax agreed to pay around $800,000 to settle the claim against it. The lawsuit claims that the company violated federal law by sending unsolicited text advertisement messages.
The Class members who received a text message related to Cubamax specials, promotions, and/or locations, between Aug. 8, 2014, and Jan. 3, 2019 can file a claim. Approximately 115,482 people received the messages and are eligible for payment under the class action settlement.
Plaintiff Stephane Poirier filed a case against Cubamax near about a year ago. According to the Cubamax class action lawsuit, Poirier received unwanted text messages advertising Cubamax services in Spanish. Further, Poirier claims that he never gave his consent for receiving any texts from the travel company.
Moreover, according to the class action defendant’s unsolicited text messages made potential harm to the plaintiff. His privacy get affected because he never agreed to receive any such messages from any company. The plaintiff argued in his Cubamax class action lawsuit and said that the defendant’s text messages also caused disruption to his daily life.
In addition to the claim, the Cubamax travel company violated the Telephone Consumer Protection Act ( TCPA) The TCPA is a federal law that protects consumers from unsolicited and unwanted texts, calls, and fax messages.
Further, the lawsuit claims that the “Defendant knew that it did not have consent to make advertising calls, and knew that it was using equipment that at constituted an automatic telephone dialing system. The violations were therefore willful or knowing,”.
But, Cubamax does not admit any wrongdoing and ready to settle the case just to save itself from unwanted expenses.
The class members who will file a valid claim may be able to collect $7 as compensation money for any unsolicited text message advertising Cubamax services.
The deadline to file a valid claim is July 5, 2019. If Class Members do not file a claim or exclude themselves from the settlement, they will not be able to get any payment.
The deadline for excluding oneself from or objecting to the settlement is May 21, 2019.
The final approval of hearing is on June 20, 2019.
Eligibility to file the claim
Individuals who were sent a text message promoting Cubamax specials, promotions, and/or locations, between Aug. 8, 2014, and Jan. 3, 2019.
Deadline to form the claim
Details of the filed case
Poirier v. Cubamax Travel Inc.,
Case No. 1:18-cv-23240-CMA,
in the U.S. District Court for the Southern District of Florida
Cubamax Settlement Administrator
P.O. Box 4259
Portland, OR 97208-4259