Habberfield v. Boohoo.com USA, Inc.

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 whether I am part of the settlement?
Are there exceptions to being included?
What if I am still not sure whether I am part of the settlement?
What does the settlement provide?
How much will my Gift Card be?
How do I get a Gift Card from the settlement?
When would I get my settlement Gift Card?
What rights am I giving up to get a Gift Card and stay in the Settlement Class?
What are the Released Claims?
Do I have a lawyer in this case?
How will the lawyers be paid?
How do I get out of the settlement
If I exclude myself, can I still get a Gift Card from this settlement
If I do not exclude myself, can I sue Defendants or the Released Parties for the same legal claims later?
How do I tell the Court that I do not like the settlement?
May I come to Court to speak about my objection?
What is the difference between objecting to the settlement and asking to be excluded from it?
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?
What happens if I do nothing at all?
How do I get more information?

Why was the Notice issued?
A court authorized the Notice because you have a right to know about the proposed settlement of the class action lawsuit 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 this class action styled Habberfield v. Boohoo.com USA, Inc., No. 2:22-cv-03899-GW (JEMx). This case will be referred to in this Notice as the “Action.” The proposed settlement resolves the legal claims in this lawsuit on behalf of non-California purchasers of items from Defendants. The individuals that filed this lawsuit, Laura Habberfield, Keona Kalu, Katie Runnells, Juanita Carmet Cachadina, Sarah Huebner, Yesenia Valiente, Veronica Walton, Lisa Murphy, Nicole Hill, Nicole Stewart, Me’Lisa Thimot, and Marika Walton, are called “Plaintiffs” and the companies they sued—respectively, Boohoo/BoohooMAN, PrettyLittleThing, and Nasty Gal —are called “Defendants.”
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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 consumer protection and false advertising laws and have committed fraud. Defendants deny all of the allegations made in the Action.
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What is a class action?
In a class action, one or more people called Class Representatives (in this case, Laura Habberfield, Keona Kalu, Katie Runnells, Juanita Carmet Cachadina, Sarah Huebner, Yesenia Valiente, Veronica Walton, Lisa Murphy, Nicole Hill, Nicole Stewart, Me’Lisa Thimot, and Marika Walton) 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.
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Why is there a settlement?
The Court has not determined whether the Class Representatives or Defendants are right. Instead, the 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.
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How do I know whether I am part of the settlement?
The settlement includes all persons who do not timely opt out (“Settlement Class Members”) and made purchases from Defendants outside of California as follows:

You are included in this settlement as a Settlement Class Member if you purchased products from Boohoo/BoohooMAN in any state or U.S. territory other than California from April 1, 2016 through June 17, 2022 (the Class Period for Boohoo/BoohooMAN).

You are included in this settlement as a Settlement Class Member if you purchased products from PrettyLittleThing in any state or U.S. territory other than California from April 1, 2016 through June 17, 2022 (the Class Period for PrettyLittleThing).

You are included in this settlement as a Settlement Class Member if you purchased products from Nasty Gal in any state or U.S. territory other than California from February 28, 2017 through June 17, 2022 (the Class Period for Nasty Gal).
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Are there exceptions to being included?
Yes. The settlement does not include: (1) individuals who bought products from Defendants in 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.
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What if I am still not sure whether I am part of the settlement?
If you are not sure whether you are included, call 1-855-482-3483 or write to the lawyers listed in FAQ 19 below and/or the Settlement Administrator.
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What does the settlement provide?
Defendants have agreed to provide benefits to Settlement Class Members to settle the lawsuit. Each Settlement Class Member who does not timely opt out shall automatically receive one or more $10 Gift Cards. You will receive one $10 Gift Card for each of the following websites (https://us.boohoo.com/ or https://boohooman.com/us, https://prettylittlething.us, and https://nastygal.com) from whom you have made a purchase outside California during the Class Periods identified in Question 5, up to a maximum of three Gift Cards. The Gift Card may be used for a single $10 purchase transaction for merchandise available on the U.S. website from which a Settlement Class Member made a purchase. You will not be required to pay shipping charges for your purchase. There is no expiration date, no minimum purchase requirement, no blackout dates, no restriction on use with other offers or promotions, no fees, no restrictions on transferability, and with very limited exceptions, stacking of multiple Gift Cards will be permitted.

For example, if you made a purchase outside California on https://prettylittlething.us during the applicable Class Period, then you will receive a Gift Card for use on the PrettyLittleThing U.S. Website only toward a purchase on that website. If you made purchases outside California on https://prettylittlething.us, https://us.boohoo.com/ or https://boohooman.com/us during the applicable Class Period, then you will receive two Gift Cards, one each for use on the PrettyLittleThing U.S. Website and the boohoo U.S. Website. And, if you made purchases outside California on https://prettylittlething.us, https://us.boohoo.com or https://boohooman.com/us, and https://nastygal.com during the applicable Class Period, then you will receive three Gift Cards, one each for use on the PrettyLittleThing U.S. Website, the boohoo U.S. Website, and the Nasty Gal U.S. Website. Customers of the https://boohooman.com/us/ website will receive a Gift Card for redemption on the https://us.boohoo.com website, which carries products for both brands - BoohooMAN and Boohoo.
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How much will my Gift Card 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 $7.45), for a total potential value of $17.45 (inclusive of the Free Shipping) per Gift Card.
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How do I get a Gift Card from the settlement?
There is no requirement to file a claim to receive your Gift Card with Free Shipping. If you do not affirmatively opt out within the prescribed time period, you will automatically receive a Gift Card at the email address that you have on file with Defendants.
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When would I get my settlement Gift Card?
The Court will hold a hearing on November 2, 2023 to decide whether to grant final approval to the settlement. If the Court approves the settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement Gift Cards will be distributed as soon as possible, only if and when the Court grants final approval to the settlement and after any appeals are resolved.
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What rights am I giving up to get a Gift Card and stay in the Settlement Class?
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 (in any present, separate, lawsuit), 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.
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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 complaint in the Action. 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 Action (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 Action that are specifically related to the brands boohoo, boohooMAN, PrettyLittleThing, and Nasty Gal. 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 details 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.
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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.
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How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees and expenses of up to $4,197,000. They will also ask the Court to approve $1,500 service awards to each of the twelve 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.
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How do I get out of the settlement
To exclude yourself from the Settlement Class of the Action, you must submit a written request for exclusion. Your request for exclusion must include: (a) the name and case number of this Action from which you seek exclusion (i.e., Habberfield v. Boohoo.com USA, Inc., No. 2:22-cv-03899-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 the lawsuit. Your request for exclusion must be mailed to the Settlement Administrator at the address below so it is postmarked no later than September 15, 2023:

Boohoo/PrettyLittleThing/Nasty Gal Nationwide Pricing Class Action Settlement Administrator
P.O. Box 6188
Novato, CA 94948-6188

More details about the exclusion process are described in Sections 3.2 and 3.9 of the Settlement Agreement.
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If I exclude myself, can I still get a Gift Card from this settlement
No. If you exclude yourself, you are telling the Court that you don’t want to be part of the settlement. You can get one or more Gift Cards only if you stay in the settlement.
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If I do not exclude myself, can I sue Defendants or the Released Parties for the same legal claims later?
No. Unless you exclude yourself, you are giving up the right to sue Defendants and the Released Parties for the claims that this settlement resolves. You must exclude yourself from this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Defendants or any of the Released Parties for the claims that this settlement resolves.
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How do I tell the Court that 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 this Action to which you are objecting (i.e., Habberfield v. Boohoo.com USA, Inc., No. 2:22-cv-03899-GW (JEMx)); (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) the facts verified under oath 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. Mail your objection to all the addresses listed below postmarked on or before September 15, 2023.

The Court	Settlement Administrator
Hon. George H. Wu United States Courthouse, Central District of California 350 West 1st Street Courtroom 9D, 9th Floor Los Angeles, CA 90012	Boohoo/PrettyLittleThing/Nasty Gal Nationwide Pricing Class Action Settlement Administrator P.O. Box 6188 Novato, CA 94948-6188
Class Counsel	Defendant's Counsel
ALMADANI LAW Yasin M. Almadani 4695 MacArthur Ct., Ste. 1100 Newport Beach, CA 92660 Ph: (949) 877-7177 Fax:(949) 877-8757 yma@lawalm.com AI LAW, PLC Ahmed Ibrahim 4695 MacArthur Ct., Ste. 1100 Newport Beach, CA 92660 Ph: (949) 266-1240 Fax:(949) 266-1280 aibrahim@ailawfirm.com	EVERSHEDS SUTHERLAND (US) LLP Ronald W. Zdrojeski 1114 6th Avenue, 40th Floor New York, NY 10036 Ph: (212) 389-5000 Fax:(212) 389-5099 ronzdrojeski@eversheds-sutherland.com EVERSHEDS SUTHERLAND (US) LLP Ian S. Shelton 500 Capitol Mall, Suite 1750 Sacramento, CA 95814 Ph: (916) 245-7427 Fax:(916) 241-0501 ianshelton@eversheds-sutherland.com

More details about the objection process are described in Sections 3.2 and 3.8 of the Settlement Agreement.

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May I come to Court to speak about my objection?
Yes. You or your attorney may speak at the Final Approval Hearing about your objection. To do so, you must include a statement in your objection indicating that you or your attorney intends to appear at the Final Approval Hearing. Remember, your objection must be postmarked by September 15, 2023 and sent to all the addresses in FAQ 19.

More details about the objection process are described in Sections 3.2 and 3.8 of the Settlement Agreement.
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What is the difference between objecting to the settlement and asking to be excluded from it?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you remain a Settlement Class Member (that is, you do not exclude yourself). Excluding yourself is telling the Court that you don’t want to be part of the settlement. If you exclude yourself, you cannot object because the settlement no longer affects you.
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When and where will the Court decide whether to approve the settlement?
The Court will hold a Final Approval Hearing at 8:30 a.m. on November 2, 2023 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. It will also consider whether to approve Class Counsel’s request for an award of attorneys’ fees and expenses, as well as the Class Representatives’ service awards. If there are objections, the Court will consider them. Judge Wu will listen to people who have asked to speak at the hearing (see FAQ 20). After the hearing, the Court will decide whether to approve the settlement.
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Do I have to come to the hearing?
No. Class Counsel will answer any questions Judge Wu may have. However, you are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
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May I speak at the hearing?
Yes. You may ask the Court for permission to speak at the Final Approval Hearing (see Question 20 above). 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 September 15, 2023.

More details about the objection process are described in Sections 3.2 and 3.8 of the Settlement Agreement.
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What happens if I do nothing at all?
If you are a Settlement Class Member and you do nothing, you will automatically receive one or more $10 Gift Cards, but you will give up the rights explained in Questions 8-13, including your right to start a new lawsuit, continue with a present, separate, lawsuit, be part of any other lawsuit against Defendants and the Released Parties about the legal issues resolved by this settlement, or to object to the settlement.
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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 here. Additional information is also available by calling 1-855-482-3483 or by writing to the Settlement Administrator (see FAQ 16). 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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