A franchisee of Jiffy Lube, Heartland Automotive Services, has agreed to pay $47 million to settle a class action lawsuit stemming from spamming millions of text messages to consumers.

If approved by the courts, Heartland will provide settlement claims of a $17 discount for any Jiffy Lube service.  The settlement also bans Heartland from future text message marketing.

The company sent 2.3 million consumers a discount offer in April, 2011, according to the claims.  Now, that should say something there.  Really?  Who has an opt-in list of 2.3 million consumers that have agreed to receive your  broadcast text messages?

Violations of the Telephone Consumer Protection Act can result in a liability of $500 per violation.

It seems like Heartland got off pretty easy here.  They will offer a $17 discount to those that accept it, but that is almost like a coupon in itself, isn’t it?  Especially, if they can raise their prices.

The people who made all the money?  The lawyers.  The lawyers representing the consumers will receive $4.75 million!

The Jiffy Lube case points out the importance for all of our 84444 customers to have a legitimate opt-in from consumers on your text message list.  That’s why we now require all new customers to first contact us prior to doing their first text message broadcast from an uploaded list.  We want to know that this is an opt-in list with proper verification.  This protects all of us.