Liotta v. Wolford Boutiques, LLC
Liotta v. Wolford Boutiques, LLC Settlement
Case No. 1:16-cv-04634

Frequently Asked Questions

 

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  • A Court authorized the notice because you have a right to know about a proposed settlement in a lawsuit against Wolford America, Inc. (“Wolford”), and all of your options, before the Court decides whether to give final approval to the settlement. The notice explains the nature of the lawsuit, the general terms of the settlement, and your legal rights and options.

    The lawsuit was brought on behalf of persons who received either one or two text messages from Wolford on either or both July 7, 2016 and September 2, 2016. The text messages read as follows:

    July 7, 2016: Final Sale: Shop Now And Save 50% On Select Styles and Colors. Shop in-store or online-> http://bit.ly/WOLFSALE16_US or call: 800-488-3103

    September 2, 2016: New Collection Gets Even Better: The Second Drop Is Here. Shop now->http://bit.ly/WOLFNEW1617 or call at: 08002798279. IE: 1890930204 SE: 0770930555 DK: 80888653 FIN: 0800918403

    (These text messages will be referred to in the notice as the “Text Message(s)”).

    Judge Cohen of the U.S. District Court for the Northern District of Georgia is overseeing this litigation. The litigation is known as Jennifer Liotta, et. al. v Wolford Boutiques, LLC, Case No. 1:16-cv-04634-MHC. One of the persons who received the text, Jennifer Liotta, sued Wolford and is called the “Plaintiff.” Wolford is called the “Defendant.”

  • On July 7, 2016, and again on September 2, 2016, Wolford sent the Text Message(s) to the Plaintiff and many other recipients. Plaintiff contends that the Text Message(s) did not comply with and violated the federal statute, known as the Telephone Consumer Protection Act (“TCPA”) 47 USC § 227. Plaintiff claims, and Wolford denies, that the Text Message(s) failed to include proper description of the sender of the text and failed to include a proper opt-out mechanism. Wolford denies any wrongdoing, and no court or other judicial entity has made any judgment or other determination of any wrongdoing. Nonetheless, to avoid the further costs of litigation, Wolford has agreed to settle.

  • In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “class” or “class members.” One court resolves the issues for all class members, except for those who exclude themselves from the settlement class. A class action is useful for pursuing claims that would otherwise be of too low a dollar value for just one Plaintiff to pursue.

  • The Court has not decided in favor of Plaintiff or Wolford. Instead, both sides agreed to a settlement. Settlements avoid the costs and uncertainty of a trial and related appeals, while providing benefits to members of the settlement class (“Settlement Class Members”). The “Settlement Class Representative” appointed to represent the class, and the attorneys for the Settlement Class (“Settlement Class Counsel,” see Question 15) think the settlement is best for all Settlement Class Members.

  • You are a member of the Settlement Class if you received either or both of the Text Message(s). Wolford’s records indicate that a number associated with you received one or both of the Text Message(s). The person who owned the telephone number on July 7, 2016, and/or September 2, 2016, is a Class Member.

  • Wolford has agreed to provide Gift Cards ($60 or $120) to eligible Settlement Class Members that can be used through any Wolford store in the United States. Wolford has also agreed to pay attorneys’ fees, costs, and expenses (see Question 16) and the costs of notifying the Class and administering the settlement. Wolford will also pay a Service Award to the Class Representative.

    A more detailed description of these benefits is available in the Settlement Agreement which is available at the Important Documents page of this website.

  • Gift Card: Class Members who received just one of the Text Message(s) will each receive a $60.00 gift card provided they submitted a timely Claim Form. Class Members who received both Text Message(s) will receive a $120.00 gift card provided they submitted a timely Claim Form. Gift Cards are transferable and have no expiration date. You must have submitted a Claim Form to receive the Gift Card.

    The Claims Deadline passed on November 5, 2018.

  • The Settlement Class has two levels of members.

    Tier One Class Members will receive a $60 Gift Card. Tier One Class Members are recipients that received just one of the Text Message(s).

    Tier Two Class Members will receive a $120.00 Gift Card. Tier Two Members are recipients that received both of the Text Message(s).

    There is no reduction of award to Class Members that will result from the level of Class Member participation in this settlement. All Class Members who submitted timely Claim Forms and who received either one or both of the Text Message(s) will receive the Tier One or the Tier Two Gift Card. The amount of the Service Fee and Attorneys’ Fees paid by Wolford pursuant to this Settlement is in addition to and will not impact the amounts paid to Class Members.

    The Claims Deadline passed on November 5, 2018.

  • If you received a Gift Card from the Settlement Administrator, you can redeem your Gift Card at any WOLFORD store in the United States. You can locate your nearest store here. Gift Cards cannot be redeemed online. If you would like to place an order over the phone, you may do any of the following:

    • Contact any WOLFORD in the United States directly by telephone and request that your order be shipped directly to you.
    • Contact the customer service department at 1-800-488-3906 from Monday to Friday, 8:00 a.m. to 6:00 p.m. EST.
    • Contact the order line at 1-800-488-3103 from Monday to Friday, 8:00 a.m to 6:00 p.m. EST.
    • Email customer service at service.usa@wolford.com.

    Please advise any WOLFORD representative you contact that you are the recipient of a Gift Card from the WOLFORD class action settlement and would like to redeem your Gift Card.

  • You must have been a member of the Settlement Class and submitted a claim by the Claims Deadline. The Claims Deadline passed on November 5, 2018.

  • If you submitted a complete, accurate, valid, and timely Claim Form, the Settlement Administrator will send your Gift Card to you after the Settlement is approved and all appeals and other reviews have been resolved or exhausted. The Court held a hearing on November 20, 2018 to decide whether to approve the Settlement, and Judge Cohen approved the Settlement on November 30, 2018. However, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them may take several months. The Settlement Administrator will update the website to keep Class Members informed about relevant timing issues.

  • Unless you excluded yourself from the settlement, you will give up your right to sue Wolford and its affiliates/vendors or be part of any other lawsuit against Wolford and its affiliates/vendors about the issues this settlement resolves. Unless you excluded yourself, all of the Court’s decisions will bind you. The specific claims you are giving up against Wolford and other released parties affiliated with Wolford are called “Claims.” The Claims are described in the Settlement Agreement which is available at the Important Documents page of this website. The Settlement Agreement describes the Claims you would be releasing with specific and accurate legal descriptions, so read it carefully.

  • If you wanted to keep the right to sue or continue to sue Wolford based on Claims this settlement resolves, you must have taken steps to get out of the Settlement Class.

  • You must have submitted an opt out by the Opt-Out Deadline to the Settlement Administrator. The deadline to opt out of the Settlement was on October 5, 2018.

  • No. If you excluded yourself, you cannot receive the Gift Card or the benefit of the Injunction.

  • Yes. The Court appointed the following attorneys to represent you and other Settlement Class Members as “Settlement Class Counsel.” Class Counsel in this case are Scott L. Bonder and Joseph A. White of Fried & Bonder, LLC, 1170 Howell Mill Road, NW, Suite 305, Atlanta, Georgia 30318.

    You will not be charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Settlement Class Counsel asked the Court to award attorneys’ fees, and reimburse reasonable costs and expenses. The Court approved a payment directly from Wolford to Class Counsel in the amount of $137,480.00. These fees and costs will be paid separately by Wolford and will not reduce the amount of benefits provided to the Class.

  • You must have submitted an objection to the Settlement Administrator by the Objection Deadline. The deadline to object to the Settlement was on October 5, 2018.

  • Objecting is simply telling the Court that you don’t like something about the settlement, but you remain a member of the Settlement Class.

    Excluding yourself is telling the Court that you don’t want to be included in the settlement. If you exclude yourself, you have no basis to object to the settlement and related releases because the settlement no longer affects you.

  • The Court held a Final Approval Hearing at 10:00 a.m. [EST] on November 20, 2018, in the Courtroom of Judge Cohen at the U.S. District Court for the Northern District of Georgia, located in Courtroom 1905 of the Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Dr., SW, Atlanta, Georgia 30303-3309.

    At the Final Approval Hearing, the Court considered whether the settlement is fair, reasonable, and adequate. If there were any objections, the Court considered them. The Court listened to people who appeared at the hearing. The Court also decided how much Settlement Class Counsel will receive as attorneys’ fees and costs and whether to award service payments to Settlement Class Representatives. After the Fairness Hearing, the Court approved the Settlement on November 30, 2018.

  • No. Settlement Class Counsel answered any questions Judge Cohen had. You were welcome to come at your own expense. If you submitted a written objection, you did not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court considered  it. You were also allowed to pay your own lawyer to attend, but it was not necessary.

  • If you are a Settlement Class Member and do nothing, then you will not receive a Gift Card and your Claims against Wolford and its affiliates will be released. This means that you will not be able to start a lawsuit or be part of another lawsuit against Wolford or its affiliates over the Claims resolved by the settlement. You will receive the benefit of the injunction.

  • The notice summarizes the settlement. More details are in the Settlement Agreement itself. You can get a copy of the Settlement Agreement at the Important Documents page of this website or from the Settlement Administrator by calling toll-free 1-833-288-5301 or writing to the Settlement Administrator at Liotta v. Wolford Boutiques, LLC Settlement, JND Legal Administration, P.O. Box 91349, Seattle, WA 98111. The status of the settlement, any appeals, any claims made, and the date of award distributions will be posted on the Settlement Website.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Liotta v. Wolford Boutiques, LLC Settlement
JND Legal Administration
PO Box 91349
Seattle, WA 98111