DSW Unwanted Texts Settlement: $4.42M

Consumers who received promotional text messages from Designer Brands or DSW after requesting not to receive further texts between Sept. 1, 2018, and Sept. 1, 2024.

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Designer Brands Inc. and DSW Shoe Warehouse Inc. have agreed to pay $4.42 million to resolve a lawsuit that claimed the companies violated federal privacy law by sending unsolicited text messages. The complaint specifically targets messages sent after consumers had already opted out of marketing communications.

Plaintiffs alleged that, despite clear requests to stop, DSW continued to send promotional messages in violation of the Telephone Consumer Protection Act (TCPA). This law prohibits companies from sending marketing texts to individuals who haven’t given—or have revoked—consent.

DSW, a national retailer known for its large inventory of shoes and accessories, denied any wrongdoing but chose to settle to avoid the time and cost of prolonged litigation.

Under the Terms of the Settlement

Each eligible class member will receive a cash payment, with current estimates placing the value around $70 per person. However, this figure may go up or down depending on the number of approved claims submitted.

Payment eligibility does not require proof of purchase or a copy of the opt-out request. The only qualifying factor is receipt of marketing text messages after a consumer asked not to be contacted again during the covered timeframe.