Athena Bitcoin $4.5M settlement could leave under $3M

Athena Bitcoin has agreed to a $4.5 million settlement to resolve claims that it sent promotional text messages to recipients who had replied with the word “STOP.” The settlement is scheduled for final review at a fairness hearing before U.S. District Judge Mark E. Walker on Aug. 10, 2026.

The agreement would create a common fund to pay two classes: a nationwide class of residential wireless subscribers who received messages from Aug. 20, 2020, through Aug. 20, 2024, and a separate class for qualifying Florida recipients under the Florida Telephone Solicitation Act. Business numbers are excluded from the classes.

Plaintiffs allege Athena sent more than one promotional text within a 12-month period to certain recipients more than 30 days after those recipients had sent a text consisting only of “STOP.” Athena has denied any wrongdoing or violation of law, and the proposed settlement does not constitute an admission of liability.

Class counsel notified the court that they intend to seek 33% of the $4.5 million common fund, approximately $1.48 million, plus litigation costs and expenses not expected to exceed $30,000. If the court approves those requests and expenses remain at or below the projected cap, about $2.985 million would remain in the fund before the court considers any representative plaintiff incentive award and the costs of notifying class members and administering claims.

The settlement materials do not include a count of timely, valid claims or final estimates for notice and administration expenses. Those items will reduce the amount available for payouts and make it impossible to calculate a per-claim payment at this stage.

Any payment to eligible claimants will depend on the number of approved claims and the final deductions approved by the court. If the judge rejects the agreement or alters the fee or expense awards, the distribution to class members could change.

The matter remains pending and contingent on the judge’s approval at the Aug. 10 hearing.