Frequently Asked Questions

The Court authorized the Notice to inform you that the Court has certified (or, allowed to proceed), a class action lawsuit that may affect you. You have legal rights and options that you may exercise, as described in the Notice. Chief Judge Mark E. Walker of the United States District Court for the Northern District of Florida is overseeing this lawsuit. The lawsuit is called Jackson v. Athena Bitcoin, Inc., Civil Action No. 4:24-cv-331-MW/MJF.

This lawsuit alleges that Plaintiff Keon Jackson, and other persons nationwide, received two or more text messages from Athena, selling goods or services, more than 30 days after they sent a message to Athena saying “stop.” The lawsuit alleges that Athena violated the federal Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), because that law prohibits sending telemarketing text messages to people after they have requested that those messages stop. 

In a class action, a person called the “Class Representative,” (in this case, Keon Jackson), sues on behalf of a group (or groups) of people who have similar legal claims. The people collectively are called a “Class,” and each person is called a “Class Member.” The individual who sues—and all of the Class Members—are called the “Plaintiffs.” The entity or company they sue, (in this case, Athena Bitcoin, Inc.), is called the “Defendant.” In a class action lawsuit like this one, the Court resolves the issues and legal claims in the lawsuit for all Class Members, except for those who exclude themselves from the Class.
 

Additional information about the Court’s reasons for allowing this lawsuit to proceed as a class action is available in the Court’s Order, dated June 18, 2025, which is available here.

The legal claims that are made by Plaintiff in this lawsuit are described above in Question 2. For additional information, you may read a copy of Plaintiff’s Class Action Complaint, available here.

Athena denies that it did anything wrong or violated any law. Specifically, it alleges that it did not violate federal law when sending the text messages because (1) it did not use prohibited dialing equipment to send the messages; and (2) it made a good-faith effort to comply with the law. You can read a copy of Athena’s Answer to Plaintiff’s Class Action Complaint, available here.

The Court has not decided whether Plaintiff or Athena is correct or who is the winning party. By certifying the Class and issuing the Notice, the Court is not suggesting whether Plaintiff will win or lose this lawsuit. Unless the lawsuit settles, the Plaintiff must prove their legal claims at a trial to recover money or damages.

The Plaintiff is asking the Court to award each Class Member monetary damages of up to $500 per each text message sent by Athena, after a stop request was made, from August 20, 2020 to August 20, 2024. If the Plaintiff proves that Athena “willfully” or “knowingly” violated the TCPA, they will ask for up to $1,500 per each text message received by a Class Member after a stop request. The Plaintiff is also asking the Court to enter an Order prohibiting Athena from violating the TCPA in the future.

There is no money available now, and no guarantee that there will be any money or benefits in the future. The Court has not decided whether Athena did anything wrong, and the Plaintiff and Defendant have not settled the lawsuit.

You are a potential class member if you are in the United States and, between August 20, 2020 and August 20, 2024, you received two or more text messages from Athena, offering goods or services, within a 12-month period, more than 30 days after you sent a text message saying “stop” to Athena, and you are a residential telephone subscriber.

The Class, as defined by the Court, includes:

All persons in the United States (1) to whom Athena delivered, or caused to be delivered, more than one text message promoting goods or services within any 12-month period, (2) more than 30 days after receiving a message consisting solely of the word ‘STOP’, (3) between August 20, 2020, to August 20, 2024, (4) excluding business numbers.

If your telephone number appeared in Athena’s text message records, you may have received a text message and/or a postcard identifying you as a potential class member and notifying you of this lawsuit. If you did not receive a text message or a postcard, you may still be part of the Class if your telephone number appears in Athena’s records. You may be able to obtain your telephone bill and/or records from your telephone carrier, but you do not need to submit that information at this time. If you have any questions about how to obtain this information, or if you are still not sure if you are included in the Class, you may call the Class Action Administrator toll-free at 833-621-8150. You may also receive free help by calling the lawyers in this lawsuit at the telephone number in Question 19.

If you are a Class Member, by doing nothing you will remain in the Class. If you stay in the Class and the Plaintiff/Class Representative obtains money or benefits as a result of any trial or settlement of this lawsuit, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). If you are a member of the Class and you do nothing now, regardless of whether the Plaintiff/Class Representative wins or loses at trial, you will not be able to file your own lawsuit, or continue to separately sue, Athena—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. This means that if you do nothing, you may not be able to sue Athena for the TCPA violations related to the text messages you may have received between August 20, 2020 and August 20, 2024. You will also be legally bound by all of the Orders the Court issues and any judgments the Court may make in this lawsuit.

If you already have filed, or want to file, your own lawsuit against Athena for the same types of text messages it sent during the same time period, and want to continue pursuing your individual lawsuit, you need to ask to be excluded from the Class. If you exclude yourself from the Class—sometimes referred to as “opting-out” of the Class—you will not get any money or benefits from this lawsuit if any are awarded or obtained as a result of the trial, or from any settlement (that may or may not be reached) in this lawsuit between the Plaintiff/Class Representative and Athena. However, you will be able to continue to pursue your own lawsuit, or separately file your own lawsuit, against Athena for the calls that are at issue in this lawsuit. If you exclude yourself from the Class, you will not be legally bound by the Court’s judgments in this lawsuit. If you start your own lawsuit against Athena after excluding yourself from this Class, you will need to hire and pay your own lawyer for your lawsuit (if needed), and you will need to prove your individual legal claim(s).

To exclude yourself from the Class, you must mail a written request for exclusion stating that you want to be excluded from Jackson v. Athena Bitcoin, Inc., Civil Action No. 4:24-cv-331-MW/MJF.

Your request for exclusion must include:
 

1. your name and address, 
2. the telephone number that received the text messages at issue in this lawsuit, and 
3. your signature. 
    

Your exclusion request must be mailed to the Class Action Administrator at the following address postmarked by December 8, 2025:

Jackson v. Athena Bitcoin, Inc.
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391

You cannot opt out (exclude yourself) by telephone or by email.

The Court has appointed a team of lawyers from the law firm The HQ Firm, P.C. to represent the Class. They are called “Class Counsel.” They are experienced in handling similar class action lawsuits and legal claims.

You do not need to hire your own lawyer because Class Counsel is working on your behalf in this lawsuit and was appointed by the Court to do so. If you want someone else to represent you in this lawsuit, you may hire your own lawyer at your own expense.

If Class Counsel obtains money or benefits for the Class, they may ask the Court for attorneys’ fees and expenses. You will not have to pay these fees and expenses. If the Court grants such a request by Class Counsel, the fees and expenses would typically be deducted from any money obtained from Athena for the Class or they would be paid separately by Athena.

If the lawsuit is not settled, Class Counsel will have to prove Plaintiff’s and the Class’s legal claims at a trial. The trial will be held at Joseph Woodrow Hatchett United States Courthouse and Federal Building, Courtroom 5 West, 111 N. Adams St., Tallahassee, FL 32301. A trial date has been scheduled for January 20, 2026, at 8:30 a.m. ET. During the trial, a Jury or the Judge will hear all of the evidence to reach a decision about whether the Plaintiff or Athena is right about the legal claims in the lawsuit. There is no guarantee that the Plaintiff will win or that any money or benefits will be awarded to the Class Members.

You do not need to attend the trial. During the trial, Class Counsel will present the case for the Plaintiff and Athena will present its defenses. You are welcome to attend at your own expense.

If the Plaintiff obtains money or benefits as a result of the trial or a settlement, you will be notified about how the money or benefits will be distributed to the Class Members and provided with information regarding your options at that time. Currently, we do not know if any benefits will be available or how long this process will take. If you exclude yourself, you will not be able to receive money or benefits, if any are obtained.

This website contains several Court documents providing additional information about the lawsuit, including Plaintiff’s Class Action Complaint and Athena’s Answer to Plaintiff’s Class Action Complaint. It will be updated with the most current information about the lawsuit as it becomes available.

You may also get additional information by calling toll-free at 833-621-8150, or by writing to:

Jackson v. Athena Bitcoin, Inc.
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391

You may also call Class Counsel at 866-648-9679 if you have further questions. 

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THE NOTICE. THEY CANNOT ANSWER QUESTIONS ABOUT THIS LAWSUIT.