Cohen Milstein Sellers & Toll PLLC Announces Proposed Settlement of Class Action
WASHINGTON, April 26, 2013 /PRNewswire/ -- The following statement is being issued by Cohen Milstein Sellers & Toll PLLC pursuant to an order of the United States District Court for the District of New Jersey:
Sabol, et al. v. Hydroxatone LLC and Atlantic Coast Media Group LLC
Civ. No. 2:11-cv-04586-KM-MAH (USDC, DNJ)
THIS NOTICE PROVIDES LIMITED INFORMATION ABOUT A CLASS ACTION SETTLEMENT.
You may be eligible to receive cash or a product benefit under a proposed Amended Settlement that has been reached with Hydroxatone LLC and Atlantic Coast Media Group ("Defendants") in a class action titled Sabol, et al. v. Hydroxatone LLC and Atlantic Coast Media Group LLC, Civ. No. 2:11-cv-04586-KM-MAH (USDC, DNJ). Settlement Class Members will, depending on the individual claimant's transaction history, receive either a Cash Benefit or Product Benefit as set forth in the Amended Settlement Agreement. The full Class Notice and Claim Form can be found at the settlement website, www.hydroxatonesettlement.com, or requested by calling toll-free 888-267-3071. You can submit a Claim online at www.hydroxatonesettlement.com or by mail. The Claim Deadline is August 15, 2013. If you desire to be represented by your own lawyer, you may hire one at your own expense and you may enter an appearance with the Court.
In the lawsuit, the Plaintiffs allege, among other things, that Defendants' failure to adequately disclose terms of Risk Free Trials and Auto-Shipment Programs, refusal to refund customers who timely returned Hydroxatone products, failure to allow consumers to timely cancel Auto-Shipment Program memberships, and failure to cease billing consumers for Hydroxatone products after they have cancelled their memberships constitute a breach of contract, a violation of the New Jersey Consumer Fraud Act, and unjust enrichment. Defendants deny all of the claims.
The Class includes all Persons residing in the United States who between January 1, 2005 and March 28, 2013 paid for, and/or were charged for Hydroxatone-branded products, and/or were charged shipping and processing fees for such products, in connection with a Risk-Free Trial and/or Auto-Shipment Program, including but not limited to offers regarding or receipt of the following products: Hydroxatone, Celtrixa, Hydrolyze, Declatone, Lashatone, Instant Effect, Luminique, Instant Wrinkle Filler, and Orexis. If you are a member of the Settlement Class, you have certain rights and options, such as submitting a Claim for a Settlement Benefit, requesting exclusion from the Amended Settlement, or objecting to the Amended Settlement.
IF YOU DO NOT WISH TO BE PART OF, OR IF YOU WISH TO OBJECT TO, THIS SETTLEMENT, you may exclude yourself or file an objection with the Court. To exclude yourself, you must mail a Request for Exclusion, postmarked no later than June 25, 2013, to: Hydroxatone Settlement Administrator, c/o Gilardi & Co. LLC P.O. Box 8090 San Rafael, CA 94912-8090. If you do not submit a written Request for Exclusion, you will be bound by the Final Approval Order and Judgment and you will remain in the Class, and cannot sue, or continue to sue, or be part of any other lawsuit against the Defendants about the claims being released in this Amended Settlement. All of the Court's orders will apply to you and legally bind you. To object to the Amended Settlement, you must file an objection with the Court by no later than June 17, 2013. The Court, located at 50 Walnut Street, Newark, New Jersey, will conduct a hearing on whether to approve the Amended Settlement, and if so, will determine what fees and expenses should be awarded to Class Counsel. The Final Approval Hearing is presently scheduled for July 16, 2013, but may be changed.
Go to www.hydroxatonesettlement.com or call 888-267-3071 for additional information.
Please do not contact the Court or Defendants.
Para ver en espanol, visita www.hydroxatonesettlement.com o llama al 888-267-3071. Tambien puedes escribir a Hydroxatone Administrator, c/o Gilardi & Co. LLC, P.O. Box 1110, Corte Madera, CA 94976-1110 para solicitar la versión en espanol de este Aviso y te enviaremos una copia por correo.
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SOURCE Cohen Milstein Sellers & Toll PLLC