Washington residents who received unsolicited marketing texts from Davison Design & Development on a reassigned Washington-area-code cellphone number between November 15, 2021 and December 10, 2025 may qualify to claim an equal share of a $30,000 settlement fund. Claims close October 13, 2026, and nothing from the mailed or texted notice is required to file.
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.Free settlement alerts
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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.
Whatever remains is divided into equal per-capita shares among class members with approved claims. The number of texts a person received does not change their share.
Neither the notice nor the agreement estimates a per-person figure, and both say the amount cannot be known until the claim deadline passes. The documents do fix the inputs. A $30,000 fund less a 33% fee request leaves roughly $20,100 to divide, against a class of about 480 people — so if every class member filed a valid claim, each share would come to roughly $42. Fewer valid claims make each share larger, which is the arithmetic rather than a projection of how many will file.
Payments are void 120 days after they are issued.
What Proof or Notice ID Is Required?
None. The online claim form carries a Notice ID field, and it is the only field on that form without a required marker — full name, country, street address, city, ZIP, email address, the first cellphone number, the dates that number was held, and the perjury declaration all carry one. The printed claim form attached to the settlement agreement has no Notice ID field at all.This is the shape that separates a genuinely no-proof settlement from one that merely says it takes no receipts: a class member who threw away the postcard, or whose notice text never arrived, can still complete the claim online with information they already have. What the form does require is a declaration under 28 U.S.C. § 1746(2), made under penalty of perjury, that the cellphone numbers listed were theirs during the class period and that they received unsolicited Davison texts as a Washington resident with a Washington-area-code number.
No phone bills or carrier records are submitted with the claim. The administrator may still verify a claim form, and the parties may dispute one, with the administrator's decision final.
What Is the Deadline?
October 13, 2026. An online claim must be submitted by that date and a mailed claim form must be postmarked by it; the notice specifies no timezone. Do not send both — filing more than one claim form does not produce more than one payment.September 13, 2026 was the deadline both to exclude yourself and to object, and it has passed.
How Do You Take Action?
Claims are filed through the official Miller text settlement claim page, which also hosts the long-form notice, the settlement agreement and the court's orders. A printable claim form can be mailed to the administrator at the address on the form instead.Before filing, work out which cellphone numbers you held between November 15, 2021 and December 10, 2025 and roughly when you held each one — the form asks for up to five numbers with their date ranges, and those dates are the substance of what you are attesting to. If your mailing or email address changes after you file, updating it with the administrator is your responsibility, since payment goes to what the administrator has on file.
What Happens Next?
The final approval hearing is scheduled for November 17, 2026 at 11:00 a.m. before the U.S. District Court for the Eastern District of Washington in Spokane. The court will decide there whether the settlement is fair, reasonable and adequate and whether to approve the fee request. Class members do not need to attend.If approval is granted, the agreement's Effective Date arrives five business days later — or, if anyone objected, once the appeal window closes or any appeal is resolved. The administrator then pays approved claims within 30 days of that date. The parties have agreed among themselves not to appeal the final approval order absent a substantive change by the court, which removes one common source of delay but does not bind an objector.
Two other terms shape the outcome. Davison may terminate the settlement if more than 25% of the class opted out, and the agreement commits Davison going forward not to send commercial texts to Washington residents without first confirming the current user of the number has given clear and affirmative consent. Unredeemed and residual funds go to the Northwest Justice Project as the cy pres recipient.
Sources and Verification
This page is built from the primary record: the official settlement website, the court-authorized long-form notice, the live online claim form, and the class action settlement agreement filed in the case (ECF No. 15-1) together with its exhibits — the long-form and short-form notices, the SMS notice and the claim form. The class size, the equal per-capita allocation, the administration-cost term and the cy pres recipient come from the agreement rather than the website summary, which is less specific on each. The proof determination was made against the required-field markers on the actual online claim form, not against the benefit description.Questions
Is the Claim ID from the text message or postcard required to file?
No. The online claim form has a Notice ID field, but it is the one field on the form that is not marked required — name, address, email, cellphone numbers, the dates those numbers were held, and the perjury declaration are. The printed claim form attached to the settlement agreement has no Notice ID field at all. Someone who never received the text or the postcard can still file.
Why does the class definition mention reassigned phone numbers?
The class the court certified covers Washington residents who were texted at a Washington-area-code cellular number after that number was last disconnected and reassigned, with the disconnection date taken from the Reassigned Number Database as it stood on February 16, 2026. The plain-English summary on the settlement website leaves the reassignment element out, so it reads broader than the definition the court actually approved.
Do settlement administration costs come out of the $30,000 fund?
No. Section 2.3 of the settlement agreement states that administration costs will not be paid from the settlement fund and that Davison pays the administrator separately, in an amount not exceeding $10,000. The fund itself covers approved claims plus court-approved attorneys' fees, litigation expenses and expert fees. The website's summary describes administration expenses as a deduction from the fund, which the agreement contradicts.
Is the payment based on how many texts a person received?
No. Section 7.2 of the settlement agreement divides whatever remains in the fund into equal per-capita shares among class members with approved claims, so someone who received one text and someone who received several receive the same amount. The size of each share depends only on how many valid claims come in.
What happens to settlement money nobody claims?
Any payment not redeemed within 120 days of issuance becomes void, and the unredeemed amounts along with any residual balance go to the Northwest Justice Project as the cy pres recipient, or to a court-approved substitute if it cannot accept. The fund is non-reversionary, so unclaimed money does not return to Davison unless the settlement itself fails.
Can a class member still opt out of or object to the settlement?
No. Both the exclusion and objection deadlines fell on September 13, 2026 and have passed. Filing a claim by October 13, 2026 is the only remaining action available to a class member; doing nothing means no payment and still being bound by the release.
