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$2.5 Million Palm Beach Tan Text Message Class Action Settlement

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Palm Beach Tan Text Message Class Action Settlement, Case No. No. 1:23-cv-00486-WO-JEP (M.D.N.C.)

Status
placeholder
Deadline to claim
10/4/26
Total settlement
$2.5M
Potential award
Pro rata cash, capped at $1,500 per message
Proof required?
Claim ID or qualifying phone number; eligibility and message counts checked against text records or other corroboration
File a Claim
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Summary

Palm Beach Tan and Archer Malmo agreed to establish a $2.5 million fund to settle claims involving promotional text messages sent after recipients requested that messages stop.

The settlement covers qualifying Palm Beach Tan texts sent between June 19, 2019, and July 5, 2026, after the receiving telephone number had sent an inbound text asking to stop further messages.

Both defendants deny wrongdoing. Claims are due October 4, 2026. Awards depend on qualifying messages, participation and deductions; the $1,500-per-message cap is not guaranteed.

Claim Details & Case Information

Who's eligible
Recipients of Palm Beach Tan marketing texts during 6/19/19–7/5/26 after the receiving number sent a text requesting messages stop
Potential award
Pro rata cash, capped at $1,500 per message
Final hearing
12/29/26
Case Name
Hudson v. Palm Beach Tan, Inc. & Archer Malmo, Inc.
Claims administrator
Verita Global
P.O. Box 301172, Los Angeles, CA 90030-1172; 888-808-5494
Class Counsel
Sergei Lemberg and Joshua Markovits, Lemberg Law LLC
Defense Counsel
Palm Beach Tan: Lynn Pinker Hurst & Schwegmann LLP and Brooks, Pierce, McLendon, Humphrey & Leonard LLP; Archer Malmo: Baker & Hostetler LLP and Fox Rothschild LLP

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Palm Beach Tan Text Message Class Action Settlement

What Is the Palm Beach Tan Settlement About?

The lawsuit alleges that repeated Palm Beach Tan promotional texts violated the Telephone Consumer Protection Act because they continued after recipients withdrew permission by text.

Both defendants dispute that the messages were unlawful telemarketing. The settlement resolves the claims without a liability determination.

How Much Is the Palm Beach Tan Settlement Payout?

The $2.5 million fund pays approved attorneys’ fees, expenses, administration costs and any court-approved representative award before claimant payments. The remainder is divided by the number of qualifying messages associated with valid claims.

  • Each approved claimant receives the same dollar amount for each qualifying post-stop message associated with their claim.
  • The amount per message cannot exceed $1,500 and may be substantially lower, depending on participation and deductions.
  • A person with several qualifying messages may receive more than someone with one qualifying message. The administrator determines the accepted count.

Payments require final approval. The agreement permits redistribution of eligible uncashed funds and a charitable distribution when appropriate.

Am I Eligible to File a Claim?

You may qualify if your telephone number received a Palm Beach Tan text advertising goods or services during June 19, 2019–July 5, 2026, after that same number sent a text requesting no further calls or messages.

The stop request does not have to use the exact word STOP. The agreement includes other wording, such as unsubscribe, cancel, opt out or remove, as well as variants and a stop-sign emoji. The subsequent marketing message must fall within the covered period.

Is the Palm Beach Tan Settlement Legit?

Yes. Judge William L. Osteen Jr. of the U.S. District Court for the Middle District of North Carolina oversees the case. Verita administers claims through court-authorized HudsonClass.com. Final approval remains pending.

When’s the Claim Deadline?

The official notice requires online claims or mailed claims postmarked no later than October 4, 2026. Submit before that date and retain your confirmation or mailing record. The website also lists October 4 for exclusions and objections. The final approval hearing is scheduled for December 29, 2026, in Greensboro, North Carolina.

Who Qualifies for the Palm Beach Tan Settlement?

Eligibility depends on the sequence of texts: a request to stop, followed by a covered Palm Beach Tan promotional text. Merely receiving advertising, visiting a salon or having a tanning membership is not enough. The class is not restricted to North Carolina simply because the lawsuit is pending there.

Claims are checked against available text-message data or other corroboration. People who validly exclude themselves cannot receive settlement payments. Remaining in the class without submitting a valid claim does not result in an automatic payment.

How Do I File a Palm Beach Tan Settlement Claim Form?

Visit HudsonClass.com and select File a Claim. Use the Claim ID supplied with your notice and provide the requested contact and telephone information. Complete the certification truthfully, submit before the deadline and keep the confirmation.

If you need a paper form or lack a Claim ID, contact Verita at 888-808-5494. The agreement permits a mailed claim using the qualifying phone number, subject to validation against message records or other corroboration. Sign and date the form and mail it to the administrator’s Los Angeles post-office box.

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