Overview of the Settlement
Rojas v. Career Education Corporation, Case No. 10-cv-05260
A settlement has been reached in a class action lawsuit about whether education services company Career Education Corporation sent text message ads to consumers without receiving explicit consent to do so. The Defendant denies it violated any law.
The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.
You are included if you live in the U.S. or its territories and you were sent a text message that was transmitted by or on behalf of Career Education Corporation without your prior express consent. The text messages advertised educational opportunities at the International Academy of Design and Technology for those seeking “creative” jobs requiring “imagination.”
Those included in the Settlement may be eligible to receive a payment of up to $200. Career Education Corporation has also agreed to the entry of a court order preventing them from sending any text message advertisements in the future unless they first properly get a consumer’s express permission.
What Are My Options?
- FILE A CLAIM. In order to receive an award, you must have returned a Claim Form to the Settlement Administrator no later than December 7, 2012.
- EXCLUDE YOURSELF. If you wanted to exclude yourself (or opt out) from the Settlement Class, you must have submitted a letter requesting exclusion postmarked on or before September 25, 2012. If you properly opted out, you will not be bound by the Settlement, but you will not be eligible to participate in the potential benefits.
- OBJECT TO THE SETTLEMENT. If you’re a Class Member, you could have objected to any part of the Settlement by sending a letter explaining the reasons you don't like the Settlement and stating whether you intended to appear at the Final Approval Hearing. To be timely, your objection must have been filed with the Court and mailed to Class Counsel and Defendant's Counsel on or before September 25, 2012.
- DO NOTHING. You won’t get a share of the Settlement Benefits and will give up your rights to sue the Defendant about the claims in this case.
Please consult the Notice for more details on your options.
Final Approval Hearing
The Court held the Final Approval Hearing at 9:00 a.m. on October 23, 2012 in Courtroom 2319 of the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604. The purpose of the hearing was for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider Class Counsel’s request for up to 33% of the Settlement Fund for attorneys’ fees and expenses; and to consider the request for an incentive award to the Class Representatives in the amount of $30,000. Final Approval was granted.