Esparza

INTRODUCTION

16 In this class action for alleged violations of the Telephone Consumer Protection Act, 17 plaintiff moves for preliminary approval of a proposed class settlement. For the reasons 18 19 explained below, the motion is GRANTED.

STATEMENT

20 In early 2016, plaintiff Shawn Esparza allegedly terminated her lease of a mobile phone 21 from defendant Smartpay Leasing, Inc. She nonetheless continued to receive promotional text 22 messages from defendant on a different phone. The messages continued even after plaintiff 23 requested defendant stop sending them. Defendant later learned that a coding error in its 24 platform prevented individuals from opting out of receiving the texts. Based on these 25 allegations, plaintiff filed her initial complaint in June 2017 asserting two claims for negligent 26 and willful violations of the TCPA (Compl. ¶¶ 19, 22–29, 53–63). A June 2019 order certified 27 the following class: 28 “STOP” Text Message Class: All persons within the United States 1 (iv) from September 29, 2015 to June 13, 2017, (v) after texting the word “STOP.” 2 In July 2019, following mediation with the Honorable Leo S. Papas, Ret. of Judicate 3 West…