Class Eligibility

All persons in the United States to whom Rita’s sent a “Cool Alerts” text message between June 22, 2011 and September 15, 2015.

Estimated Amount


Proof of Purchase

Cell #

Case Name

Sherry Brown and Ericka Newby, on their own : behalf and on behalf of all others similarly : situated,
Case 2:15-cv-03509-TJS
Rita’s Water Ice Franchise Company LLC, a : Pennsylvania Limited Liability Company, :

Case Summary

The plaintiffs allege that the defendant violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq, when Rita’s sent them text messages to their cellular telephones without their prior express written consent using an automatic telephone dialing system.

Settlement Pool





Cool Alert Settlement
Settlement Administrator
c/o A.B. Data, Ltd.
P.O. Box 173005
Milwaukee, WI 53217

62 responses to “Rita’s Cool Alert TCPA Class Action Settlement”

  1. Andrew carr says:

    Didnt here anything back wonder what happened with this. Do they still text ppl about things

    ADMIN – Hi Andrew,

    Here is the email you need to contact.

  2. Jackie says:

    Can I get that email address to. I would like information about this as well.

    Thank you

    ADMIN – Hi Jackie,

    I don’t have the email. Here is the phone 1-800-332-9084

  3. Monique q says:

    Have they started sending out checks yet ?

  4. Monique o says:

    I haven’t seen on any website that this was paid along time ago the last I heard they settled by no checks have gone out as of may 2017!!!
    Any new updates ?????

  5. Rachel says:

    Hey any updates? Never received a check yet.

    ADMIN – Hi Rachel,

    I have no updates on this one.

  6. Melody says:

    This settlement was taking care of all most a year ago. What is going on with the money that is do to the people. The money is for the people not the company to keep. You call the number they give you but get no where. It’s not right that we have to wait this long to still not hear anything.

    ADMIN – Hi Melody,

    Unfortunately what happens in the background of settlements can be very time consuming. Consider settlement money a nice little surprise when it does show up.

  7. Adam lawler says:

    My address changed after 7/22/2016, and I have not received any form of compensation as of today can someone assist me with this?

    ADMIN – Hi Adam,

    Send a certified letter to the class action administrator.

  8. Cindy says:

    Dear Sir or Madam,

    Thank you for your inquiry regarding the Brown v. Rita’s Settlement.

    There is currently no known timeframe for distribution. Generally speaking in similar cases like this one it takes about a year from the claims filing deadline (which in this case was July 8, 2016) before distribution takes place. Sometimes it can be quicker. Sometimes it can take longer. It all depends on how long it takes to finish the processing and auditing.

    For further inquiries feel free to email

    I received this answer back on 8/10/17 as to when the checks will be mailed?

    ADMIN – Hi Cindy,

    Don’t plan your vacation with the settlement money.

  9. Alyssa says:

    If I’ve moved since my application was filled out even if post office has my change of address how can I up date that to make if a check is ever mailed out it goes to the place ? I have received nothing as of yet. From what it looked like last and final hearing was July 2017???

    ADMIN – Hi Alyssa,

    Scroll up find the address of the class action administrator and send them a letter informing them of your change of address.

  10. Monica says:

    Hello has anyone received an update about this cool alert settlement yet?

  11. frank says:

    hello has anyone got a check yet….. still waiting….

  12. Jazzie peo says:

    Nope not a penny and it seems like it won’t be for awhile due to the fraudulent claims that were filed

    ADMIN – Hi Jazzie,

    Every class action has the potential for fraud and every admin is tasked with checking for it. Nothing new.

  13. Jasmine says:

    No not yet !!! Don’t know what the hold up is!!!! Distribution of funds was 9/14/2017.

    ADMIN – Hi Jasmine,

    Super frustrating. Your check probably got lost in the mail. Reach out to the class action admin to have it reissued.

  14. Jasmine says:

    They are saying they haven’t paid out funds yet !!!!

    ADMIN – Hi Jasmine,

    Thanks for the update.

  15. William Boyle says:

    Whats Up? Where’s the funds???

    ADMIN – Hi William,

    Your best bet is to contact the admin at to ask about the status of your claim.

  16. Jackie says:

    Just saw this:

    UPDATE 2: On September 14, 2017, the court approved the motion to distribute the Rita’s Italian Ice TCPA settlement funds. 9,684 claimants will receive $144.00 and 480 claimants will receive $1,584.00.

  17. Geneva says:

    Just received my check in the mail today! It was a pleasant surprise! Most thankful!!

  18. S Smith says:

    Just received my check in the mail today as well… Thankful….

  19. Penny says:

    Got my check today was shocked…but came in handy…thanks

  20. Tracy Mcelwain says:

    I got a check for 589 and it says after I fill out it’s oa I’ll get more is this kegit

    ADMIN – Hi Tracy,

    You can call the admin to check if it is legit. I suspect it is.

  21. Barbara says:

    Just recieved two checks for the same amount, two different claim numbers. Should i hold them awhile and contact admin?

    ADMIN – Hi Barbara,

    Did you have two cell numbers?

    • Barbara says:

      Two cell numbers but only one received the text messages

      ADMIN – Hi Barbara,

      Reach out to the admin and consider returning one of the checks to make sure you are doing what is right.

  22. Erik says:

    got my check yesterday… why was there such a big difference of who got which amount?? isn’t it supposed to be split equally??? what were the conditions to get the larger check??

    ADMIN – Hi Erik,

    Please refer to FAQ, this was not a pro rata settlement. Awards were calculated based on units assigned by the number of texts you received

    The Settlement Fund will be distributed to Class Members using an “Award Unit” formula:

    Class Members who received a “Cool Alerts” text message from Rita’s on their cellular telephone between June 22, 2011, and September 15, 2015, will be entitled to one (1) Award Unit.
    Class Members who received at least one additional “Cool Alerts” text message after texting Rita’s “STOP” in response to a prior text message will be entitled to ten (10) Award Units.

    In the Claim Form you are asked to certify if you received a Cool Alerts text message. Based on Rita’s records, the Settlement Administrator will determine which categories you satisfy. If you satisfy both categories, you will be entitled to eleven (11) Awards Units in total.

    Each “Award Unit” will have an equal monetary value, determined by dividing the Net Settlement Fund (calculated as the total Settlement Fund ($3,000,000.00) less Settlement Administration Costs, Attorney’s Fees and Costs, and Incentive Awards) by the total number of Award Units (calculated based upon the number of eligible claiming Class Members). The final cash payment will depend on the total number of valid and timely claims filed by all Class Members.

    • Erik says:

      I’m guessing the 1 award unit was the $144 value… but I received texts after I sent stop…. I should have received the 10 units as well… I affirmed this in my response when I filled out the information

      ADMIN – Hi Erik,

      You can escalate to the class action administration.

  23. Tiffany says:

    I received the first check (for $590) yesterday, and a notice stating that I’m to receive the remainder after completing the W-9. I’d forgotten all about this settlement, so this was certainly a pleasant surprise!

  24. Amy says:

    I also had forgotten about this class action suit so when $144 showed up in my mailbox yesterday I was very happy!! The discrepancy on the amount doesn’t really bother me. To me, any little bit help!

  25. Arleathia.Littlejohn says:

    Received a check in the amount of $144 dated 10/20/2017

  26. Georgette Patenaude says:

    I received check and filled out W9 online on 10/26/17. How long before I receive the remainder?

    ADMIN – Hi Georgette,

    In other settlements it has taken about a month.

  27. Georgette Patenaude says:

    Thank you for your quick response.

  28. Sunberry says:

    Received check last week. Tried to cash it today and it was declined twice. Wouldn’t clear. What’s going on?!

    ADMIN – Hi Sunberry,

    Reach out to the class action administrator.

  29. Donna says:

    Received one check for $144 but our second cell phone has not received, was I mistaken that both qualified since both received the texts?

    ADMIN – Hi Donna,

    It is looking like this was a one per household settlement.

  30. Penetekoso Peau says:

    Just received my check for $144! Just wanted to say thank you and have a blessed week!

  31. Danyell says:

    I received my first of two checks October 26. Tried to cash it two days ago and it was declined twice. Would not clear. What is going on? Is there some sort of scam going on with the Rita’s suit?

    ADMIN – Hi Danyell,

    In many years of dealing with class action settlements I am yet to see a scam. It is possible that the checks are not designed to clear digitally and you actually have to have the bank manually process it. Please contact the class action admin for additional instructions.

  32. Georgette Patenaude says:

    Is there a way to know if the second checks were issued? I completed my W9 online on October 26, 2017.

    ADMIN – Hi Georgette,

    I don’t think the checks have been issued. I have not seen a single community member post about it. You can always call the class action administrator.

  33. Shelia A Leathern says:

    I received the first check and filled out the w-9 online the last week of October. Do you know when the second checks will be sent or is there a way to find out this information?

    ADMIN – Hi Shelia,

    You can always call the class action administrator to check how long it will take for your check to be issued.

  34. Sara says:

    I called the administrator almost a month ago and was told every W-9 (480 forms, based on the numbers in this q&a) had to be verified. I’m not sure why. I can’t see why it’s their responsibility to ensure information provided is correct; at that time was also told checks would be mailed at the end of that week. Obviously there has been a delay. I am calling again tomorrow. At this point I feel they are just making interest off our award. I also asked what would happen to he “extra” money that would be left from those failing to meet the deadline on the w-9 and I was told that they would ask the judge it could be divided and sent to us OR go to charity. Not sure how a charity is chosen or what the threshold dollar amount would be for that type of decision.
    Donna Ward, used different name below as site sees Donna as same Donna

  35. Sunberry says:

    Anyone receive check #2 yet? Anyone have problems with checks clearing? Thanks.

    ADMIN – Hi Sunberry,

    I hear the checks are likely to be issued in January of 2018

  36. Shavon says:

    Did anyone receive their second check? I got my first one on 10/23 and the form back on the 10/30

  37. Tracy says:

    I emailed the distributor and received a response on 11/26 that stated they expected the second checks to be masiled within the next 30-45 days. I’m not sure why it seems to be taking so long.

  38. Annette says:

    I as well have followed all the steps and met all the deadline requirements for the 2nd check to be issued. Yet still have not received my 2nd check much less any info on when to be expecting it. Please come through with some adequate information as to when should we expect this second check. I feel like it’s Christmas every time I go to the mailbox and yet every time I am very let down. As I’m sure so are very many more people who are expecting this second check. Please let us know what date we should be looking for these “second checks”?!!!!?

    ADMIN – Hi Annette,

    We are not tasked with the administration of this settlement. If you must absolutely know when the second checks will be coming please reach out to the class action administrator. Their contact info is posted above. Just scroll up.

  39. Lynda says:

    Revived first check for $590 and filled out W9 end of Nov. Still have not received 2nd check. Anyone receive anything yet? What is the number I call to check on things???

    ADMIN – Hi Lynda,

    Relax and patiently wait.

  40. Katie Molony says:

    I received my 1st check on October 20, I filled out the W9 Form on 10-30-2017 and still didnt receive my second check, Do you know what is going on?

    ADMIN – Hi Katie,

    I don’t but I do know it takes longer than usual to do a second distribution. Contact the class action administrator directly.

  41. Noel says:

    Still waiting on the 2nd check. Wondering if it’s coming before Christmas.Would love to have it before I go on vacation.

    ADMIN – Hi Noel,

    Don’t count on it. I would say February.

    • Noel says:

      Why would it be February if we filled out a tax form for this year? Doesn’t make sense. I’ll go with Annette and hope it comes by Christmas.

      ADMIN – Hi Noel,

      Me too but knowing how distribution of settlements work don’t bank on it. Just be patient and consider the money a bonus.

  42. Annette says:

    Just got a phone call back from an admin. And the people who qualify for the second payment the checks will be mailed out on December 18 of this year they said that if you do not receive it by the end of this year to give them a call.!!! ?

  43. Shavon says:

    Any updates?

    ADMIN – Hi Shavon,

    Second distribution took place at the end of December 2017

  44. Lori says:

    Has anyone received their second check yet?

    ADMIN – Hi Lori,

    I believe the answer is yes.

  45. Tara says:

    We received our 2nd check today thanks!

  46. Annette says:

    I hope everyone that is expecting their 2nd check, received theirs as well as I did Today!!! ?

    ADMIN – Hi Anette,

    Are you going to tell us how much you received?

  47. Noel says:

    Good News! I hope everyone had a great holiday! I received my check on the 23rd probably because I live 3hrs away from where it was issued. I hope everyone has received their check too and has a wonderful New Year!

  48. Raquel Guerra says:

    I just received my first check for 144. Is it past due can I still cash it??

    ADMIN – Hi Raquel,

    When was the check issued? Most checks include an expiration date at the bottom. It usually reads 90 days after the date of issue.

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