A proposed $2.5 million class action settlement could provide cash payments to people who allegedly received Palm Beach Tan marketing text messages after asking that the messages stop.
The lawsuit alleges that Palm Beach Tan and marketing company Archer Malmo violated the Telephone Consumer Protection Act by sending more than one advertising text after a recipient made a stop request. Both defendants deny wrongdoing, dispute that the messages were legally classified as telemarketing or solicitations, and deny violating the TCPA. The court has not decided which side is right.
Who may qualify for the text-message settlement
The settlement class generally includes people whose phone numbers received a Palm Beach Tan marketing or advertising text after that number sent an inbound stop request. The class period runs from June 19, 2019 through July 5, 2026.
Eligibility therefore depends on the sequence in the messaging data: a stop request must appear first, followed by at least one covered Palm Beach Tan text. Merely receiving promotional messages without a preceding request to stop would not satisfy the class definition printed in the notice.
Text-message records determine the benefit
Palm Beach Tan and Archer agreed to create a $2.5 million settlement fund. Valid claimants would receive an equal amount for each covered post-stop message reflected in the text-message data, with a maximum rate of $1,500 per message.
That figure is a cap rather than a guaranteed payment. The final rate will depend on the number of valid claims, the total number of eligible messages, and deductions for administration, court-approved attorneys' fees and expenses, and an incentive award. Class counsel intends to request fees of up to 33% of the fund.
The notice does not state a separate aggregate cap for an individual who received multiple qualifying messages. The total settlement fund, however, necessarily limits what all approved claimants can receive.
A valid Claim Form is the only way to receive money
Class members must file a Claim Form online or mail one postmarked by October 4, 2026. Filing is the only way to obtain a cash payment; remaining in the class without claiming does not produce an automatic check.
The administrator will use the defendants' text-message data to determine the number of covered post-stop messages assigned to an approved claimant. Consumers should use the official settlement website rather than a third-party claims service and retain confirmation that an online or mailed submission was completed on time.
Claim, exclusion, and objection share one deadline
October 4, 2026 is also the deadline to request exclusion or object to the proposed settlement. Those choices have different consequences.
A class member who opts out receives no settlement payment but preserves the ability to pursue individually the claims covered by the settlement. A person who stays in the class will be bound by the court's orders and release, whether or not that person files a claim. An objection allows a class member to challenge the settlement while remaining part of it, but the notice requires detailed information and copies to the court and counsel.
Court approval is still required
The court scheduled a final approval hearing for December 29, 2026 at the federal courthouse in Greensboro, North Carolina. The printed notice does not list a hearing time and says the date may change.
At that hearing, the court will decide whether the settlement is fair and whether to approve requests for attorneys' fees and an incentive award. Class members do not have to attend to receive benefits, but payments cannot be distributed until the settlement receives final approval and any remaining conditions are satisfied.
Where recipients can verify their message history
Consumers can use the linked ClassActionTracker settlement page for a concise summary of eligibility, benefits, and deadlines. The official settlement website and notice provide the controlling Claim Form, stop-request definition, exclusion and objection requirements, release language, and updates concerning the final approval hearing.