Davison Design Washington Text Message Settlement — Equal Share of $30,000

Washington Text Messages · Claims Open

Current Status

Claims are open. A claim form has to be submitted online or postmarked by October 13, 2026; the notice sets no timezone, and none applies to a postmark. The exclusion and objection deadlines both passed on September 13, 2026, so filing a claim is the only step still available. The final approval hearing is set for November 17, 2026 at 11:00 a.m. in Spokane and has not been held — the court has not ruled, and the notice warns that the hearing's date, time and format can change without further notice to the class. No payments issue unless the court approves the settlement and that approval becomes final.

What Changed Recently?

The court granted preliminary approval on June 22, 2026. The administrator then sent notice by text message to the 480 phone numbers an expert for the named plaintiff identified as belonging to class members, and mailed postcards to the addresses those numbers reverse-appended to. That notice opened the claim window now running.

The two deadlines that gave class members a choice about staying in have since closed. Anyone who wanted to leave the class and keep their own claim, or to tell the court what they disliked about the deal, had to act by September 13, 2026.

Davison denies any fault, wrongdoing or liability, says it did not violate Washington law in sending the texts, and says it made a good-faith effort to comply. The agreement states that entering into the settlement is not evidence of any concession or admission.

Who Qualifies?

The class the court certified is narrower than the summary on the settlement website, and the difference matters. The certified definition covers all Washington residents who did not sign up for Davison's text messages, but whom Davison texted at a Washington-area-code cellular number, after the number was last disconnected and reassigned. Signups and texts must have fallen between November 15, 2021 and December 10, 2025, and the disconnection date is determined from the Reassigned Number Database as that database stood on February 16, 2026.

That fourth element describes a specific situation: someone gave up a cellphone number, the carrier reassigned it, and marketing texts aimed at the old subscriber kept arriving for the new one. The website's plain-English version — a Washington resident who got texts they never signed up for — drops the reassignment requirement and so reads broader than the definition the court approved. Roughly 480 people fall inside it.

The underlying claim is brought under Washington's Commercial Electronic Mail Act, RCW 19.190.060, which bars commercial text messages to people who have not clearly and affirmatively consented in advance. OCA's explainer on Washington's Commercial Electronic Mail Act covers how the statute works and why it produces Washington-only classes; most CEMA cases concern marketing email, and this one reaches the text-message side of the same law.

Notice went only to numbers in Davison's records, but receiving it is not a condition of membership. The notice says a person whose number appears in those records may still be a class member even if no text or postcard arrived, and that phone records do not need to be submitted with the claim.

How Much Can You Get?

Davison agreed to pay $30,000 into a non-reversionary common fund within 60 days of preliminary approval. Class counsel will ask the court to award attorneys' fees equal to 33% of the fund, a figure that includes the litigation costs counsel has incurred; the court may award less.

Administration costs sit outside the fund. Section 2.3 of the agreement says they will not be paid from it and that Davison pays the administrator separately, capped at $10,000. The website's summary lists administration expenses among the deductions from the fund, which the agreement contradicts — and the difference is worth knowing, because it is the whole gap between a fund reduced once and a fund reduced twice.