Frequently Asked Questions about the We-Vibe® Settlement
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1. What is the lawsuit about?
The lawsuit alleges that Standard Innovation failed to disclose that its We-Vibe® vibrators collected personal information about its customers’ usage of the We-Vibe®, if the consumer downloaded the We-Connect™ App, without the customers’ consent. The lawsuit alleges that Standard Innovation violated several state and federal laws because it did not properly disclose its data collection practices to consumers, and because consumers would not have purchased the product or downloaded the App had they known of Standard Innovation’s collection practices. Standard Innovation denies any wrongdoing
2. Why is there a Settlement?
The Court has not decided whether the Plaintiffs or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they can avoid the uncertainty and expense of litigation, and class members will get compensation now rather than years later—if ever. The Class Representatives and their attorneys (“Class Counsel”) believe that the Settlement is in the best interests of the class members.
3. How do I know if I am in the Settlement Class?
The Court decided that two groups or “classes” of people are part of the Settlement.
The first group is called the Purchaser Class and is for anyone in the United States who bought any of the following Bluetooth-enabled We-Vibe® vibrators before September 26, 2016: the We-Vibe® Classic, We-Vibe® 4 Plus, We-Vibe® 4 Plus App Only, Rave by We-Vibe™ and Nova by We-Vibe™ products.
The second group is called the App Class and includes anyone in the United States who downloaded the We-Connect™ application and used it to control any of the We-Vibe® products listed above before September 26, 2016.
Many people will be members of both classes because they both bought a We-Vibe® and downloaded the App. Other people will just be a member of one class because they bought a We-Vibe® but never downloaded the App, or they only downloaded the App and used it with their partner who purchased the We-Vibe®.
4. What Does the Settlement Provide?
Cash Payments: Defendant has agreed to create two separate settlement funds totaling $5 million Canadian dollars. The fund for the Purchaser Class is $1 million Canadian dollars (about $750,000 US dollars). The fund for the App Class is $4 million Canadian dollars (about $3,000,000 US dollars).
• Purchaser Class Members that submit a valid claim will be eligible to receive an equal share of that settlement fund up to about $199 US dollars. The amount of the actual payment will depend on the number of claims submitted and the total amount available in the settlement fund after applicable notice and administration costs, the incentive award, and attorneys’ fees have been paid.
• App Class Members that submit a valid claim will be eligible to receive an equal share of this fund up to $10,000 US dollars. The amount of the actual payment will depend on the number of claims submitted and the total amount available in the settlement fund after applicable notice and administration costs, the incentive award, and attorneys’ fees have been paid.
Any individual who is a member of both the Purchaser Class and the App Class may fill out both sections of the Claim Form and receive payment for both a valid Purchaser claim and a valid App claim. Any money remaining in either fund may be used to send additional notice to the class in order to distribute the funds to the class members, if practicable, or if not then to otherwise distribute it with Court approval.
5. How do I make a claim?
If you are a member of either class (or both) and want to get a payment from the Settlement, you must fill out and submit a valid claim form. An online claim form is available on this website and can be submitted online. You can also get a paper claim form from this website under the ‘Important Documents’ section or by calling 844-367-8804. We encourage you to submit a claim online. It’s faster and it’s free.
6. When will I get my payment?
Cash payments will be made if the Court gives final approval to the proposed settlement and after the final approval is no longer subject to appeal. The Court will hold a Fairness Hearing in the U.S. District Court for the Northern District of Illinois, on August 7, 2017 at 9:00 a.m. If the Court approves the Settlement, eligible members of the Purchaser Class and/or the App Class whose claims were approved by the Settlement Administrator will be sent a check. Please be patient. All checks will expire and become void 90 days after they are issued.
7. Do I have a lawyer in this case?
Yes, the Court has appointed lawyers Jay Edelson and Eve-Lynn J. Rapp of Edelson PC as the attorneys to represent you and other class members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiffs N.P. and P.S. to serve as the Class Representative. They are class members like you. Class Counsel can be reached by calling 1-866-354-3015.
8. Should I get my own lawyer?
You don’t need to hire your own lawyer because Class Counsel is working on your behalf. But if you want your own lawyer, you will have to pay that lawyer. For example, you can ask your lawyer to appear in Court for you if you want someone other than Class Counsel to represent you.
9. How will the lawyers be paid?
Class Counsel will ask the Court for attorneys’ fees and expenses of up to 33 1/3% of the Purchaser Settlement Fund and up to 33 1/3 % of the App Settlement Fund. Class Counsel will also request an award of $5,000 for each of the Class Representatives, which will be separately paid out of their respective settlement funds. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representatives. The Court may award less than the amounts requested.
10. What happens if I do nothing at all?
If you do nothing, you will receive no payment under the Settlement, you will be considered a class member, and if the Court approves the Settlement, you will also be bound by the Settlement, including the Release, and all orders and judgments of the Court. A release means you cannot sue or be part of any other lawsuit against Standard Innovation for the claims or legal issues being resolved by this Settlement. For your convenience, the Release, which necessarily is drafted in legal-sounding language, is set forth in the Settlement Agreement on page 18.
11. What happens if I ask to be excluded?
If you exclude yourself from the Settlement, you will receive no payment under the Settlement. However, you will not be considered a class member. You will keep your right to start your own lawsuit against Defendant for the same legal claims made in this lawsuit. You will not be legally bound by the Court’s judgments related to the Purchaser Class, the App Class, and the Defendant in this class action.
12. How do I ask to be excluded?
You can ask to be excluded from the Settlement. To do so, you must send a written request stating that you want to be excluded from the Settlement in N.P., et. al. v. Standard Innovation Corp., No. 1:16-cv-8655. Your letter must also include your (1) name and address, (2) the name and number of the case, (3) a statement that you wish to be excluded from the Purchaser Class and/or the App Class, and (4) your signature. You must mail your exclusion request no later than June 29, 2017 to:
N.P., et. al. v. Standard Innovation Corp., Settlement Administrator
c/o Heffler Claims Group
P.O. Box 59143
Philadelphia, PA 19102-9143
You can’t exclude yourself on the phone or by emai
13. If I don't exclude myself, can I sue the Defendant for the same thing later?
No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.
14. If I exclude myself, can I get anything from this Settlement?
No. If you exclude yourself, do not submit a claim form to ask for a payment.
15. How do I object to the Settlement?
If you do not exclude yourself from the Purchaser Class and/or the App Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must file a written statement or brief with the Court stating that you object to the Settlement in N.P., et. al. v. Standard Innovation Corp., No. 1:16-cv-8655 no later than June 29, 2017. Your objection should be sent to the United States District Court for the Northern District of Illinois at the following address:
Clerk of Court
Everett McKinley Dirksen United States Courthouse
219 South Dearborn Street
Chicago, IL 60624
If you are represented by a lawyer, the lawyer must file your objection through the Court’s CM/ECF system. Include your lawyer’s contact information in the objection.
The objection must be in writing and include the case name N.P., et. al. v. Standard Innovation Corp., No. 1:16-cv-8655. Your objection must be personally signed and include the following information: (1) your name and address, (2) all arguments, citations, and evidence supporting your objection, including copies of any documents you rely on, (3) a statement that you are a member of the Purchaser Class and/or the App Class, (4) the device serial number (located on the box and the device), if available, (5) the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of your objection or who may profit from the pursuit of your objection, and (6) a statement indicating whether you (or your counsel) intend to appear at the Final Approval Hearing.
In addition to filing your objection with the Court, you must send copies of your objection and any supporting documents to both Class Counsel and the Defendant’s lawyers at the addresses listed below:
Eve-Lynn J. Rapp
123 Townsend Street, Suite 100
San Francisco, CA 94109
Neil K. Gilman
Washington, DC 20037
Class Counsel will file with the Court and post on this website its request for attorneys' fees and incentive award on June 15, 2017
16. When and Where will the Court hold a hearing on the fairness of the Settlement?
The Court will hold the final fairness hearing at 9 a.m. on August 7, 2017, before the Honorable Virginia M. Kendall at the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604 in Courtroom 2319. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, and adequate, and in the best interests of the Purchaser Class and the App Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive awards to the Class Representatives.
Note: The date and time of the fairness hearing are subject to change by Court Order. Any changes will be posted at the settlement website, www.SICclassactionsettlement.com or through the Court’s online docket search at https://ecf.ilnd.uscourts.gov.
17. What's the difference between objecting and excluding myself from the Settlement?
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in either the Purchaser Class and/or the App Class. Excluding yourself from both classes is telling the Court that you don’t want to be part of either class. If you exclude yourself, you have no basis to object because the case no longer affects you.
18. Do I have to come to the hearing? May I speak at the hearing?
No. Class Counsel will answer any questions the Court may have. But you are welcome to come to the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
If you do not exclude yourself from the Purchaser Class and/or the App Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection (see Question 15 above) and intend to appear at the hearing, you must state your intention to do so in your objection.
19. Where can I get additional information?
The Long Form notice summarizes the proposed Settlement. For the precise terms and conditions of the settlement, please see the Settlement Agreement available on this website, contact Class Counsel at 1-866-354-3015, access the Court’s online electronic full case docket search at https://ecf.ilnd.uscourts.gov, or visit the office of the Clerk of the Court for the United States District Court for the Northern District of Illinois, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604 between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.