Plaintiff alleged that BABW sent text message solicitations to customers after they had revoked consent to receive them, in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. and certain regulations promulgated thereunder, including 47 C.F.R. §§ 64.1200(c)(2) and 64.1200(d) (collectively, the “TCPA”). BABW has denied these allegations and all claims of wrongdoing, and has asserted certain defenses, including that BABW established and implemented, with due care, reasonable practices and procedures designed to effectively prevent telephone solicitations in violation of the TCPA. However, given the risks, uncertainties, burden, and expense of continued litigation, the parties agreed to pursue settlement of this matter, which resulted in the Settlement that has been preliminarily approved by the Court.

All natural persons residing in the United States who received two or more text messages from, or on behalf of, BABW within a 12-month period between September 24, 2017 and March 28, 2023 (the “Class Period”) for the purpose of encouraging the purchase of property, goods, or services, after revoking consent to receive such text messages from BABW, including by texting “Stop” or “Quit,” in whole or in part, in response to a prior text message from, or on behalf of, BABW.