Hansen-Mitchell, et al. v. Welspun USA, Inc., et al.
Circuit Court for the 20th Judicial Circuit, County of St. Clair, State of Illinois, Case No. 19-L-0391
Attention
United States purchasers of certain Welspun home textile cotton products
between
January 1, 2012 and July 2, 2019
This lawsuit may affect your rights.Please review this website carefully.
A court has authorized this website.This is not a solicitation from a lawyer.
This website concerns a case called Hansen-Mitchell, et al. v. Welspun
USA, Inc., et al., Case
No. 19-L-391, and that has
been filed in the Circuit Court for St. Clair County, State of Illinois.
This class action Settlement will
resolve a lawsuit against Welspun USA, Inc., Welspun India Limited, and
Welspun Global Brands Limited (“Defendants”).The lawsuit affects all Persons who meet
all the following criteria:
Purchased Welspun home textile
cotton products that have been marketed or labeled as “Egyptian Cotton” or “Pima Cotton” (the “Subject Products(PDF: 97.6 kB)”); and
Purchased the Subject Products between
January 1, 2012 and July 2, 2019; and
Purchased the Subject Products in the
United States or any of its territories; and
Purchased the Subject Products for
personal use and not resale.
The lawsuit contends that the Subject
Products were inappropriately labeled and/or marketed as being “Egyptian
Cotton” and “Pima Cotton.”The
lawsuit seeks a court order to provide a payment
to customers for a portion of the purchase price.
Defendants deny any wrongdoing. This case involves Subject Products purchased in the United States or any of its territories between January 1, 2012 and July 2, 2019. The Subject Products include, but are not limited to, those listed in Exhibit C to the Settlement Agreement. For purposes of Settlement only, the Court has conditionally certified a Settlement Class that is defined as all Persons who purchased, for non-commercial use and not for the purposes of resale, any Subject Product between January 1, 2012 and July 2, 2019 in the United States or any of its territories. If the Settlement does not become effective (for example, because it is not finally approved, or the approval is reversed on appeal), then this litigation will continue.
To settle the case, Defendants have agreed to implement certain marketing reforms to
ensure that they accurately market, advertise, and label home textile
cotton products as “Egyptian Cotton” or “Pima Cotton.”In addition, Settlement Class Members
with a Proof of Purchase may elect a Benefit under Tier 1 and may
recover:(i) up to a maximum of
$2.30 per Subject Product for towels and pillowcases and (ii) up to a
maximum of $9.20 per Subject Product for all other products purchased
during the Class Period.There is
no Household limit for Tier 1 Claims.Settlement Class Members with no Proof of Purchase may elect a
Benefit under Tier 2 and recover: (i) up to a maximum of $1.15 per Subject
Product for towels and pillowcases and (ii) up to a maximum of $4.60 per
Subject Product for all other products purchased during the Class
Period.There is a $10.35 Household
limit for Tier 2 Claims.For
the avoidance of doubt, a Settlement Class Member may file only a single
Claim electing either Tier 1 or Tier 2.Only one Claim per Household is eligible.
All individuals who have already received a Refund for that Subject
Product and (i) for whom the Settlement Administrator has a valid U.S.
mailing or email address or (ii) who timely submit a Valid Claim shall
receive a voucher that is good for the greater of a 10% one-time discount
or a $5.00 credit on a future purchase at the online outlet(s) specified on the voucher.This voucher may not be clubbed or
exchanged for cash.
The Settlement
Amount is for Valid Claims and is capped at $36,000,000.The actual amount paid to Settlement
Class Members under Tier 1 and Tier 2 may depend upon the number of Valid
Claims.In addition, Welspun will
pay the costs for notice and administration of the Settlement.
The lawyers who brought the lawsuit will
ask the Court for an amount to be determined, but up to $9,000,000 (or the
equivalent of 25% of the value of the Settlement Amount), to be paid by
Defendants as Attorneys’ Fees and Expenses for investigating the facts,
litigating the case, and negotiating the Settlement.They will ask for $750 for each
Plaintiff who brought this lawsuit.That payment is called the “Class Service Award.”Any award of Attorneys’ Fees and
Expenses and Class Service Awards shall be paid in addition, not part of
or subject to, the Settlement Amount.
Your legal rights are affected whether
you act or do not act.Read the Settlement Notice carefully.
YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT
DEADLINE
Opt-Out
Get out of the lawsuit and the
Settlement.This is the only option
that allows you ever to bring or join another lawsuit raising the same legal
claims against the Defendants. You will receive no cash payment from this
Settlement.
October
11, 2019
File Objection
Write to the Court about any aspect of the
Settlement you don’t like, or you don’t think is fair, adequate, or
reasonable.(If you object to any
aspect of the Settlement, you must submit a written Objection by this
Objection Deadline.)
October
11, 2019
Claims Period Begins
Toreceive a Benefit under Tier 1 and Tier 2, you must file a Claim.The Claims Period opens, and Claim Forms
will be available, on this date.
September
28, 2019
Go to a Hearing
Speak in Court about the Settlement.(If you object to any aspect of the
Settlement, you must submit a
written Objection by the Objection Deadline noted above.)
October
28, 2019
Claims Period Ends
Toreceive a Benefit under Tier 1 and Tier 2 you must file a Claim by the
Claim Form Deadline.
November
27, 2019
Do Nothing
You will receive the benefit of labeling
and marketing changes, but you will not receive any cash payment; also, you
will have no right to sue later for the claims released by the Settlement.
These rights and options—and the
deadlines to exercise them—are explained in the Settlement Notice(PDF: 251.1 kB).
The Court in charge of this case still
has to decide whether to approve the Settlement.Benefit Payments will be sent to
Settlement Class Members only if the Court approves the Settlement.If there are appeals, payments will not
be made until the appeals are resolved and the Settlement becomes
effective.Please be patient as it may take months or even years in the event of an appeal.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
This website is authorized by the Court, supervised by Class Counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
The Claims Period opens on Saturday, September 28, 2019. You may download, print, complete and mail your Claim Form, or submit your Claim Form online, beginning on Saturday, September 28, 2019.
Exclusion Deadline:
Friday, October 11, 2019
You must complete and submit your request for exclusion so that it is postmarked or submitted online no later than Friday, October 11, 2019.
Objection Deadline:
Friday, October 11, 2019
You must mail your objection(s) and/or notice of intent to appear at the Fairness Hearing so that it/they are postmarked no later than Friday, October 11, 2019.
Fairness Hearing Date:
Monday, October 28, 2019
The Fairness Hearing is scheduled for Monday, October 28, 2019 at 9:00 a.m. Central Time. Please check this website for updates.
Claim Form Deadline:
Wednesday, November 27, 2019
You must submit your Claim Form online no later than 11:59 p.m. Central Time on Wednesday, November 27, 2019, or mail your completed paper Claim Form so that it is postmarked no later than Wednesday, November 27, 2019.
