Frequently Asked Questions
- Why was the Notice issued?
- What is this lawsuit about?
- What is a class action?
- Why is there a settlement?
- How do I know if I am part of the settlement?
- Are there individuals who are excluded from being Class Members?
- What are the critical deadlines?
- What options do I have with respect to the settlement?
- How much will my payment be?
- Do I have to do anything if I want to participate in the settlement?
- When will I receive my payment?
- How will I be sent my payment?
- What rights am I giving up to get a payment?
- What are the Released Claims?
- How do I exclude myself from the settlement?
- What happens if I exclude myself from the settlement?
- If I exclude myself, can I obtain a payment?
- How do I notify the Court if I do not like the settlement?
- What is the difference between objecting and requesting exclusion from the settlement?
- When and where will the Court decide whether to approve the settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- How do I get more information?
- Why was the Notice issued?
The Court authorized the Notice because you have a right to know about the proposed settlement of the three separate class action lawsuits to which the Notice relates and about all of your options before the Court decides whether to grant final approval to the settlement. The Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, and who can get them.
Judge George H. Wu of the United States District Court for the Central District of California is overseeing these class actions. The three separate cases are styled: (1) Farid Khan v. Boohoo.com USA, Inc., et al., Case No. 2:20-cv-03332 GW (JEMx); (2) Haya Hilton v. Prettylittlething.com USA Inc., et al., Case No.: 2:20-cv-004658 GW (JEMx); (3) Olivia Lee v. NastyGal.com USA, Inc., et al., Case No.: 2:20-cv-004659 GW (JEMx). These cases will be referred to in the Notice as the “Actions.” The proposed settlement resolves the legal claims in these lawsuits on behalf of California purchasers of items from Defendants. The individuals that filed these lawsuits, Farid Khan, Haya Hilton, and Olivia Lee, are called “Plaintiffs” and the companies they sued—respectively, Boohoo/BoohooMAN, PrettyLittleThing, and NastyGal—are called “Defendants.”
Top - What is this lawsuit about?
This lawsuit is about Defendants’ pricing policies and advertised sales. Plaintiffs allege that Defendants engaged in a deceptive pricing scheme by advertising artificially inflated original prices in that they rarely sold their products at the advertised original price. Plaintiffs allege Defendants routinely marked down and discounted these inflated prices on their websites, which gave customers the false impression that they were getting a deal or bargain. Plaintiffs contend Defendants have violated various California consumer protection and false advertising laws and have committed fraud. Defendants deny all of the allegations made in the Actions.
Top - What is a class action?
In a class action, one or more people called Class Representatives (in this case, Farid Khan, Haya Hilton, and Olivia Lee) sue on behalf of other people with similar claims. Together, the people included in the class action are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
Top - Why is there a settlement?
The Court has not determined whether the Class Representatives or Defendants are right. Instead, both parties agreed to a settlement. This way, they avoid the cost and burden of a trial and the people affected can get benefits. The Class Representatives and their attorneys think the settlement is best for all Settlement Class Members.
Top - How do I know if I am part of the settlement?
An email notice or postcard notice are planned to be sent out in September 2022. If you received Notice via email or USPS Mail, then Defendant’s records indicate that you are a Class Member who may be entitled to receive a Gift Card.
Top - Are there individuals who are excluded from being Class Members?
Yes. The settlement does not include: (1) individuals who bought products from Defendants outside of California, (2) Defendants and their officers, directors, and employees; (3) any person who files a valid and timely Request for Exclusion; and (4) judicial officers and their immediate family members and associated court staff assigned to the case.
Top - What are the critical deadlines?
There is no deadline to receive settlement benefits. If you are a class member, do nothing and the settlement is approved, then you will receive a Gift Card. The deadline for sending a letter to exclude yourself from or opt out of the settlement is November 28, 2022. The deadline for sending a letter objecting to the settlement is also November 28, 2022.
Top - What options do I have with respect to the settlement?
You have three options: (1) exclude yourself from the settlement (“opt out” of it); (2) participate in the settlement by doing nothing; or (3) objecting to the settlement. Each option is explained further in other Frequently Asked Questions.
Top - How much will my payment be?
Those individuals included in the settlement who choose not to opt out of the settlement will automatically receive one or more $10 Gift Cards with Free Shipping (valued at $7.28), for a total potential value of $17.28 (inclusive of the Free Shipping) per Gift Card.
Top - Do I have to do anything if I want to participate in the settlement?
No, if you received a Notice via email or USPS Mail, then you may be entitled to receive a Gift Card without having to make a claim.
Top - When will I receive my payment?
The Court will hold a Final Approval or Fairness Hearing on December 19, 2022 at the United States Courthouse, 350 West 1st Street, Courtroom 9D, 9th Floor, Los Angeles, CA 90012, to consider whether the settlement should be approved. If the settlement is approved by the Court and you are eligible for a payment, you may receive either a Gift Card to your email approximately twenty one (21) days after Final Approval is granted. However, if there is an appeal, payments may be delayed.
Top - How will I be sent my payment?
Your gift card will be emailed to the email address the Defendants have on file. If this email is no longer valid, a postcard notice will be mailed to the physical address the Defendants have on file and the gift card will be emailed to the email address provided by the recipient of the postcard notice.
Top - What rights am I giving up to get a payment?
Unless you exclude yourself, you will remain a part of the Settlement Class. If the settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any lawsuit against Defendants and the Released Parties that relates to the legal issues resolved by this settlement. The rights you are giving up are called Released Claims.
Top - What are the Released Claims?
If and when the settlement becomes final, Settlement Class Members who do not timely and sufficiently request to be excluded from the proposed settlement will permanently release all manner of actions, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, in law or equity, fixed or contingent, known or unknown, which Settlement Class Members have or may have, arising out of or relating to any of the acts, omissions, or other conduct by Defendants alleged or otherwise referred to in the operative complaints in the three Actions. The settlement does not bind any persons or class members outside of the Settlement Class Members.
The “Released Parties” will include the named Defendants in the Actions (specifically, Boohoo Group PLC, Boohoo.com USA, Inc., Boohoo.com UK Limited, Prettylittlething.com USA, Inc., Prettylittlething.com Limited, NastyGal.com USA, Inc., and Nasty Gal Limited), and all direct and indirect subsidiaries, affiliates, parent companies, holding companies or other companies or business entities owned or controlled by any of the named Defendants in the Actions that are specifically related to the brands boohoo, boohooMan, PrettyLittleThing, and NastyGal. To the extent Defendant Boohoo Group PLC or any of its subsidiaries owns, operates, or otherwise controls any business entities that sell brands other than the brands listed above, those brands, companies, subsidiaries, and/or business entities are not included within the definition of “Defendants.”
More detail about the claims you will be releasing are described in Sections 1.6 through 1.8 and 2.7 through 2.8 of the Settlement Agreement.
Top - How do I exclude myself from the settlement?
To exclude yourself from the Settlement Class of any of the three lawsuits, you must submit a written request for exclusion for that specific lawsuit. Your request for exclusion must include: (a) the name and case number of the Action(s) from which you seek exclusion (i.e., (1) Farid Khan v. Boohoo.com USA, Inc., et al., Case No. 2:20-cv-03332 GW (JEMx); (2) Haya Hilton v. Prettylittlething.com USA Inc., et al., Case No.: 2:20-cv-004658 GW (JEMx); and/or (3) Olivia Lee v. NastyGal.com USA, Inc., et al., Case No.: 2:20-cv-004659 GW (JEMx)); (b) your full name, email address, physical address, telephone number, and Class Member ID; and (c) a signed statement that you are a legitimate Settlement Class Member of the referenced lawsuit and you do not wish to participate in the Settlement of that particular lawsuit. Your request for exclusion must be mailed to the Settlement Administrator at the following address so it is postmarked no later than November 28, 2022.
Boohoo/PrettyLittleThing/NastyGal
California False Pricing Class Action Settlement Administrator
PO Box 5100
Larkspur CA 94977-5100
Top - What happens if I exclude myself from the settlement?
If you opt out of the settlement, you will preserve and not give up any of your rights to sue Defendant for the claims released in this case if the settlement is approved. However, you will not be entitled to receive a Gift Card.
Top - If I exclude myself, can I obtain a payment?
No. If you exclude yourself, you will not be entitled to a Gift Card payment.
Top - How do I notify the Court if I do not like the settlement?
If you are a Settlement Class Member, you can object to the settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. Your objection must be in writing and made individually (no group or class objections will be accepted), and must include: (1) the name and case number of the Action(s) to which you are objecting; (2) the Settlement Class Member’s full name, address, telephone number, and Class Member ID; (3) the words “Notice of Objection” or “Formal Objection”; (4) in clear and concise terms, all legal and factual arguments supporting the objection, including supporting documentation; (5) facts supporting the person’s status as a Settlement Class Member (e.g., either any unique identifier included by the Settlement Administrator in his/her notice, or the date and location of his/her relevant purchases, including supporting documentation); (6) the Settlement Class Member’s signature and the date; and (7) the following language immediately above the Settlement Class Member’s signature and date: “I declare under penalty of perjury under the laws of the United States of America that the foregoing statements regarding Class Membership are true and correct to the best of my knowledge.”
Settlement Class Members who fail to make objections in this manner will be deemed to have waived any objections and will be foreclosed from making any objections (whether by a subsequent objection, intervention, appeal, or any other process) to this Agreement. Arguments not raised in the written objections shall be deemed intentionally waived. You may mail your objection to either the Court, Class Counsel or Defendants’ Counsel and it must be postmarked on or before November 28, 2022.
The address for the Court is:
Hon. George H. Wu
United States Courthouse Central District of California
350 West 1st Street Courtroom 9D, 9th Floor
Los Angeles, CA 90012
The address for Class Counsel is:
ALMADANI LAW, care of Yasin M. Almadani
4695 MacArthur Ct., Ste. 1100
Newport Beach, CA 92660
OR
AI LAW, PLC, care of Ahmed Ibrahim
4695 MacArthur Ct., Ste. 1100
Newport Beach, CA 92660
The address for Defendants’ Counsel is:
EVERSHEDS SUTHERLAND (US) LLP
care of Ronald W. Zdrojeski
1114 6th Avenue, 40th Floor
New York, NY 10036
OR
EVERSHEDS SUTHERLAND (US) LLP
care of Ian S. Shelton
500 Capitol Mall, Suite 1750
Sacramento, CA 95814
Top - What is the difference between objecting and requesting exclusion from the settlement?
Objecting is telling the Court that you do not believe the settlement is fair, reasonable, and adequate for the class, and asking the Court to reject it. You can object only if you do not opt out of the settlement. If you object to the settlement and do not opt out, then you are entitled to a gift card payment if the settlement is approved, but you will be bound by the release of claims you might have against Defendant if the settlement is approved. Excluding yourself or opting out is telling the Court that you do not want to be part of the settlement, and do not want to receive a Gift Card payment or release claims you might have against Defendant for the claims alleged in this lawsuit.
Top - When and where will the Court decide whether to approve the settlement?
The Court will hold a Final Approval or Fairness Hearing on December 19, 2022 at the United States Courthouse, 350 West 1st Street, Courtroom 9D, 9th Floor, Los Angeles, CA 90012. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Court may also decide how much to award Class Counsel for attorneys’ fees and litigation costs and the amount of the service award to the Named Plaintiffs.
Top - Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. You may attend if you desire to do so. If you have submitted an objection, then you may want to attend.
Top - May I speak at the hearing?
Yes. You may ask the Court for permission to speak at the Final Approval Hearing. However, Settlement Class Members (with or without counsel) intending to make an appearance at the Final Approval Hearing must so inform the Parties and the Court on or before the Objection Deadline by providing a “Notice of Intention to Appear” to the Court, Class Counsel, and Defendants’ Counsel. Furthermore, no objector shall be permitted to argue any grounds for objection that are not clearly and timely stated in their corresponding written objection and all such untimely grounds shall be deemed waived. Your notice of intention to appear must be filed and postmarked on or before November 28, 2022.
Top - Do I have a lawyer in this case?
Yes. Judge Wu appointed Yasin M. Almadani, Esq. of Almadani Law and Ahmed Ibrahim, Esq. of AI Law, PLC to represent you and other Settlement Class Members as “Class Counsel.” These law firms and these lawyers are experienced in handling similar cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees and expenses of up to $4,750,000. They will also ask the Court to approve $5,000 service awards to each of the three Class Representatives. The Court may award less than these amounts. Any amounts awarded by the Court to Class Counsel or Class Representatives will be paid separately by Defendants and will not reduce the amount of Gift Card value available to Settlement Class Members. Furthermore, any amount of attorneys’ fees and expenses not awarded to Class Counsel will be paid by Defendants to a charitable organization but will not reduce the amount of Gift Card value available to Settlement Class Members.
Top - How do I get more information?
The Notice summarizes the proposed settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents and information are available on this website. Additional information is also available by calling 1-844-594-2514 or by writing to the Settlement Administrator. Publicly-filed documents can also be obtained by visiting the U.S. Courthouse located at 350 West 1st Street, Courtroom 9D, 9th Floor, Los Angeles, CA 90012 during business hours or accessing the Court’s online docket via PACER.
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