Timberland agrees to settle an SMS spam class action, according to an IDG report here.  I've always thought class actions typically settle after the certification stage, but this one settled pre-class certification.  (Does the court's approval of the settlement - which I'm sure is required - somehow insulate Timberland from claims that come out of the woodwork?)  (Question answered - discovery revealed the extent of messaging on behalf of Timberland so the parties were able to determine what claims were out there?)

The amount set aside is $7 million.  You can access the Stipulation (setting forth the terms) here [pdf] and the Motion for Class Cert here [pdf].

Now, you are probably recall seeing posts (e.g., here and here) mentioning the fact that it's unclear whether sms spam is covered under the TCPA.  But that's exactly what plaintiffs sued under here, and in fact highlighted the grey area legal issue in their Motion for Class Cert:


Jeff's Neuburger's article [pdf] mentions Acacia Mortgage and Satterfield, two cases that have come to conflicting conclusions on the applicability of the TCPA to text messages.  Satterfield (from the Northern District of California which said no) is on appeal to the Ninth Circuit.  We should be getting a hearing date on that one soon.  The last docket entry says "calendar check performed."  Among other reasons, the appeal is significant because it could determine the fate of these types of class actions.