Footwear, apparel and accessories brand Timberland has agreed to pay $7 million to settle a text message-related class-action lawsuit in the United States.

The complaint was initially filed in the U.S District Court for the Northern District of Illinois. It alleged that Timberland engaged in a marketing campaign in which tens of thousands of unsolicited text message ads were sent to consumers in the U.S.

"This lawsuit alleges that defendants, in violation of a federal statute, sent unsolicited text messages to cell phone subscribers advertising the sale of goods on Timberland.com, and seeks to represent a nationwide class of persons who received such messages," the settlement papers say.

"No court has determined the merits of any of the parties' positions in the lawsuit," the settlement says. "Rather, the parties have agreed to settle the lawsuit so as to avoid the uncertainties, the expense and the diversion of resources from further litigation.

"This Notice is not an admission by either party as to the strength of the other's position or of any weakness in its own position."

Apparently Timberland decided to pay the $7 million as opposed to continuing on with protracted, burdensome and expensive litigation.

Consumers who received one or more text messages advertising the sale of goods on http://www.timberland.com between Jan. 1, 2003 and Aug. 1, 2008 may be entitled to $150 cash payment.

Settlement Class Members have to file a claim before Feb. 2. By filing a claim, consumers will be giving up legal claims against the defendant.

The action against the defendant claims that the SMS advertising broke the Telephone Consumer Protection Act of 1991.

This act is meant to protect consumers from unwanted telemarketing calls.

KamberEdelson spearheaded this lawsuit for the plaintiffs.

Timberland and its ecommerce arm GSI blame the marketing tactics of Airit2me, a mobile marketing company.

The marketing firm did not get the consent of recipients prior to sending the SMS pitches.

"The Defendant has denied and continues to deny any wrong-doing whatsoever and has denied and continues to deny that it committed or threatened any of the wrongful acts or violations alleged in the action," the settlement papers say.

"If the Court determines that the Stipulation of Settlement should be approved as fair, reasonable and adequate and in the best interests of the Class, [consumers and their] representatives are barred from filing any lawsuit asserting any claims against defendants that relate to the claims discussed above," it says.