Frequently Asked Questions

The lawsuit alleges that Defendant sent more than one marketing text message to Plaintiff’s wireless telephone number within a 12-month period after Plaintiff asked Defendant to stop doing so in violation of the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act, and seeks actual and statutory damages under the TCPA and the FTSA on behalf of the named Plaintiff and a class of all individuals in the United States.

Defendant denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts the use of marketing related text message calls. The Florida Telephone Solicitation Act (commonly referred to as the “FTSA”) is a state law that restricts the use of marketing related text message calls.

The Court has not found in favor of either Plaintiff or Defendant. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in the Notice. Defendant denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.

The Settlement includes all persons who received more than one marketing text message on their telephone from Defendant within a 12-month period after having first asked Defendant to stop sending them text messages. Specifically, the Settlement Class is defined as:

The 2,188 persons whose telephone numbers appear in the call logs produced by Klaviyo that were sent marketing text messages by Defendant after requesting for the messages to “stop” or by making a similar request.

Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as a “Settlement Class Member.”

The Settlement Class excludes the following: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); (5) any Settlement Class Member who has timely opted out of this proceeding; and (6) Plaintiff’s Counsel, their employees, and their immediate family.

If you qualify for a payment, you must complete and submit a valid Claim Form. You may download a Claim Form at the Settlement Website in Important Case Documents or request a Claim Form by calling the Settlement Administrator at the toll-free number 1-855-742-7742. To be valid, a Claim Form must be completed fully and accurately and submitted timely. One claim is allowed per Settlement Class Member.

You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be postmarked by May 30, 2025.

To exclude yourself from the Settlement, you must send a timely letter by mail to:

MSCHF TCPA Settlement Administrator
P.O. Box 2005
Chanhassen, MN 55317-2006

Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.”

Your exclusion request must be postmarked no later than May 30, 2025. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.

You may opt out of the Settlement Class only for yourself.

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes the following:

1. A heading that includes the case name (Castillo MSCHF Product Studio Inc.) and case number (2025-002204-CA-01).
2. Your name, address, telephone number, the cell phone number at which you received text messages from Defendants and if represented by counsel, the name, bar number, address, and telephone number of your counsel;
3. A signed statement stating, under penalty of perjury, that you received one or more text message from Defendants and are a member of the Settlement Class;
4. A statement of all your objections to the Settlement including your legal and factual basis for each objection;
5. A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;
6. The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;
7. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
8. Any and all agreements that relate to the objection or the process of objecting—whether written or verbal—between you or your counsel and any other person or entity.

If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by May 30, 2025.

The Court has scheduled a Final Approval Hearing on June 30, 2025, at 12:45 p.m. through Zoom or other video conferencing equipment. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Settlement Website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.