UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

GRACE MURRAY, on behalf of herself and others similarly situated v. GROCERY DELIVERY E-SERVICES USA INC. DBA HELLOFRESH 

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

There was previously a class action settlement with HelloFresh alleging it made unsolicited automated telemarketing (“ATDS”) calls, called numbers on the National Do Not Call Registry (“NDNCR”) and called numbers that had asked to no longer receive calls (“IDNC”).


Although the Settlement was initially approved, the Settlement was later vacated on appeal to the First Circuit Court of Appeals. As a result, the interested parties revised the Settlement to include only Class Members included in the NDNCR class and are in the process of submitting that settlement for approval.

TO: All persons in the United States who were called by HelloFresh, directly or through a third party, between September 5, 2015 and December 31, 2019.

IF YOU ARE A MEMBER OF THIS CLASS OF PERSONS, YOU SHOULD READ THIS NOTICE CAREFULLY BECAUSE IT MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

A FEDERAL COURT AUTHORIZED THIS NOTICE. THIS IS NOT A SOLICITATION FROM A LAWYER.

A settlement (“Settlement”) has been proposed in the class action lawsuit referenced above pending in the United States District Court for the District of Massachusetts (“Action”). You may be a Class Member in the proposed Settlement and may be entitled to participate in the proposed Settlement.

The United States District Court for the District of Massachusetts has ordered the issuance of the notice in this Action. HelloFresh denies it did anything wrong and has defended itself throughout the lawsuit. The Court has not decided who is right. Both sides have agreed to settle the dispute to avoid burdensome and costly litigation.

If the Court gives final approval to the Settlement, HelloFresh will create a fund of $14,000,000. If you submit a valid Claim Form, you may be eligible to obtain a share from this fund in the amount of approximately $30–$50, depending on the number of claims that are submitted. The value of a Settlement Class Member’s individual award will depend upon the number of Settlement Class Members who file valid Claim Forms.

Your Legal Rights and Options in this Settlement

Submit A Claim Form

This is the only way to get an award under the Settlement. Click on the File Claim tab of this website to obtain a Claim Form.

Deadline: 
March 29, 2021

Exclude Yourself

If you exclude yourself from the Settlement, you will not receive an award under the Settlement. Excluding yourself is the only option that allows you to bring or maintain your own lawsuit regarding the allegations in the Action ever again.

Deadline: 
March 29, 2021

Object

You may write to the Court about why you object to (i.e., don’t like) the Settlement and think it shouldn’t be approved. Submitting an objection does not exclude you from the Settlement.

Deadline: 
March 29, 2021

Go To The "Fairness Hearing"

The Court will hold a “Fairness Hearing” to consider the Settlement, the request for attorneys’ fees and costs of the lawyers who brought the Action, and the Representative Plaintiff’s request for  Service Payments for bringing the Action.

You may, but are not required to, speak at the Fairness Hearing about any objection you submitted to the Settlement. If you intend to speak at the Fairness Hearing, you must also submit a “Notice of Intention to Appear” to the Court and the parties' attorneys, indicating your intent to do so.

Hearing Date:
May 11, 2021
Time: 2:00 p.m.

Do Nothing

You will not receive a Settlement award under the Settlement. You will also give up your right to object to the Settlement, and you will not be able to be part of any other lawsuit about the legal claims in this case.

N/A

These rights and options—and the deadlines to exercise them—are explained in more detail throughout this website.

The Court in charge of this Action has preliminarily approved the Settlement and must decide whether to give final approval to the Settlement. The relief provided to Settlement Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement. Please be patient.