Murray v. HelloFresh, D. Mass. Case No. 19-cv-12608-WGY

You received the notice because a Settlement has been reached in this Action and you may be a Class Member. If you are a member of the Settlement Class, you may be eligible for the relief detailed below.

The notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in the notice), see Section 20 below.

Multiple individuals (the “Plaintiffs”) filed lawsuits against HelloFresh on behalf of themselves and all others similarly situated. The lawsuits allege that HelloFresh violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”) by, inter alia, placing unsolicited telemarketing calls to Plaintiff and members of the putative class on telephone numbers assigned to residential and cellular telephone services using an automated telephone dialing system, calling numbers on the National Do Not Call Registry (“NDNCR”) and calling numbers that had previously asked to no longer be called.

HelloFresh denies each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. HelloFresh further denies that any Class Member is entitled to any relief and, other than for settlement purposes, that this Action is appropriate for certification as a class action.

The issuance of the notice is not an expression of the Court’s opinion on the merits or the lack of merits of the Plaintiff’s claims in the Action.

For information about what has happened in the Action to date, please see Section 20 below.

In a class action lawsuit, one or more people sue on behalf of other people who allegedly have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Settlement Class Members. The company sued in this case, HelloFresh, is called the Defendant.

The Plaintiffs have made claims against HelloFresh. HelloFresh denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Plaintiffs or HelloFresh should win this Action. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the Settlement Class Members will receive relief now rather than years from now, if at all.

The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement: All persons in the United States between September 5, 2015 and December 31, 2019 to whom HelloFresh, either directly or by a vendor of HelloFresh, (a) placed one or more calls on their cellphones via a dialing platform; (b) who received at least two telemarketing calls during any 12-month period where their phone numbers appeared on the NDNCR for at least 31 days before the calls; and/or (c) who received one or more calls after registering the landline, wireless, cell, or mobile telephone number on which they received the calls with HelloFresh’s Internal Do-Not-Call List.

If you are still not sure whether you are included in the Settlement Class, you can write or call the Settlement Administrator for free help. The Settlement Administrator’s contact information is below.

HELLOFRESH TCPA Settlement Administrator
P.O. Box 301174
Los Angeles, CA 90030-1174
Toll free:1-844-926-1531
Email: admin@HelloFreshTCPASettlement.com

HelloFresh has created a Settlement Fund of $14,000,000 which will be used to pay the Claims of Settlement Class Members, Settlement Class Counsel’s Fees, Costs, and Expenses Award (see Section 11 below), Plaintiffs’ Service Payment (see Section 12 below), and compensation for the Settlement Administrator for providing notice to the Settlement Class and administering the Settlement.

If you are a Settlement Class Member, you are eligible to receive a pro rata share of the Settlement Fund by timely and validly submitting a Claim Form.

To qualify for a Settlement award, you must send in a Claim Form. A Claim Form is available by clicking HERE or under the File Claim tab of this website. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by March 29, 2021 or submit it online on or before 11:59 p.m. (Pacific) on March 29, 2021.

As described in Sections 17 and 18, the Court will hold a hearing on May 11, 2021 at 2:00 p.m. to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. You can check on the progress of the case on this website. Please be patient.

The Court has ordered that the law firms of Paronich Law, P.C.; Turke & Strauss LLP; and Robins Kaplan LLP (“Settlement Class Counsel”) will represent the interests of all Settlement Class Members. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Settlement Class Counsel will petition the Court to receive a Fees, Costs, and Expenses Award up to $4,706,666.67(total). The Court will make the final decision as to the amount to be paid to the attorneys for their fees and costs. You will not be required to separately pay any attorneys’ fees or costs.

The Plaintiffs will request a Service Payment of $10,000 for Grace Murray and Amanda Engen, a Service Payment of $5,000 will be requested for Jeanne Tippet and Stephen Bauer, and a Service Payment of $2,000 will be requested for Robin Tubesing, Nikole Simecek, Michelle McOsker, Jacqueline Groff, and Heather Hall each for their services as class representative and their efforts in bringing the Action. The Court will make the final decision as to the amount to be paid to the Plaintiffs.

If the Court approves the proposed Settlement, you will be releasing your claims against HelloFresh and the other entities allegedly involved in the calls at issue unless you have excluded yourself from the Settlement. This generally means that you will not be able to file or pursue a lawsuit against HelloFresh or be part of any other lawsuit against HelloFresh asserting claims that were or could have been asserted in the Action. The Settlement Agreement, available under the Case Documents tab of this website, contains the full terms of the release.

You may exclude yourself from the Class and the Settlement. You can submit a request for exclusion to the Settlement Administrator electronically (by clicking HERE) or by postal mail. If you want to be excluded, you must either complete the Opt-Out Form available under the Opt Out tab of this website, or write the Settlement Administrator including: (a) the name and case number of the action—“Murray v. HelloFresh, D. Mass. Case No. 19-cv-12608-WGY”; (b) the full name and the unique identification number for the Settlement Class Member assigned by the Settlement Administrator; (c) the address, telephone number, and email address (optional) of the Settlement Class Member seeking exclusion; (d) a statement that the requestor does not wish to participate in the Settlement; and (e) your personal signature. If you are not using the Opt-Out Form on the Settlement Website, the request for exclusion must be sent to the Settlement Administrator at:

HELLOFRESH TCPA Settlement Administrator
P.O. Box 301174
Los Angeles, CA 90030-1174

Your request for exclusion must be submitted electronically or be postmarked no later than March 29, 2021 at 11:59 p.m. (Pacific). If you submit your request for exclusion by postal mail, you are responsible for your postage.

If you validly and timely request exclusion from the Settlement Class, you will be excluded from the Settlement Class, you will not be bound by the Settlement Agreement or the judgment entered in the Action, you will not be eligible to make a Claim for any benefit under the terms of the Settlement Agreement, you will not be entitled to submit an objection to the Settlement, and you will not be precluded from prosecuting any timely, individual claim against HelloFresh based on the conduct complained of in the Action.

At the date, time, and location stated in Section 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider the attorneys who initiated the Action’s request for a Fees, Costs, and Expenses Award, and a Service Payment to the Plaintiff.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must write to the Court and must: (a) clearly identify the case name and number—“Murray v. HelloFresh, D. MA. Case No. 19-cv-12608-WGY”; (b) include the full name and the unique identification number for the Settlement Class Member assigned by the Settlement Administrator; (c) include the address, telephone number, and email address (optional) of the objecting Settlement Class Member; (d) include the full name, address, telephone number, and email address of the objector’s counsel, and the state bar(s) to which counsel is admitted (if the objector is represented by counsel); and (e) provide a detailed explanation stating the specific reasons for the objection, including any legal and factual support and any evidence in support of the objection. The objection will not be valid if it objects only to the lawsuit’s appropriateness or merits. Objections may be submitted to the Settlement Administrator electronically by email or by postal mail. The Settlement Administrator will then have the objections submitted to the Court. Or you may submit the objections directly to the Court. If an objection is submitted by postal mail, the Settlement Class Member must pay for postage. The Settlement Administrator’s contact information is below.

HELLOFRESH TCPA Settlement Administrator 
P.O. Box 301174
Los Angeles, CA 90030-1174

The mailing address to the Court is:

Clerk of the Court
United States District Court, District of Massachusetts
1 Courthouse Way, Suite 2300
Boston, MA 02210

The objection must be submitted electronically or be postmarked no later than March 29, 2021 at 11:59 p.m. (Pacific).

You may, but need not, submit your objection through counsel of your choice. If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs.

IF YOU DO NOT TIMELY MAKE AN OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.

If you submit a written objection, you have the option to appear and request to be heard at the Fairness Hearing, either in person or through personal counsel. You are not required, however, to appear. However, if you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid objection a statement substantially similar to “Notice of Intention to Appear.” Only those who submit timely objections including Notices of Intention to Appear may speak at the Fairness Hearing. If you make an objection through an attorney, you will be responsible for your attorney’s fees and costs.

Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Fees, Costs, and Expenses Award to the attorneys who initiated the Action; and to consider the request for a Service Payment to the Plaintiff.

On May 11, 2021 at 2:00 p.m. a hearing will be held on the fairness of the proposed Settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement’s fairness. The hearing will take place before the Honorable Judge William G. Young, United States District Court, District of Massachusetts on 1 Courthouse Way in Boston, Massachusetts 02210 on May 11, 2021 at 2:00 p.m. The hearing may be postponed to a different date or time or location without notice. Please check this website periodically for any updates about the Settlement generally or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to the Settlement Website will be the only way you will be informed of the change.

At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement. You may attend, but you do not have to. As described above in Section 15, you may speak at the Fairness Hearing only if (a) you have timely submitted an objection, and (b) you have timely and validly provided a Notice of Intent to Appear. If you have requested exclusion from the Settlement, however, you may not speak at the Fairness Hearing.

To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, the application for a Fees, Costs, and Expenses Award, and the operative Complaint filed in the Action, please visit the Case Documents tab of this website. Alternatively, you may contact the Settlement Administrator at the email address admin@HelloFreshTCPASettlement.com or the U.S. postal (mailing) address: HELLOFRESH TCPA Settlement Administrator, P.O. Box 301174, Los Angeles, CA 90030-1174. You may also obtain information by calling 1-844-926-1531.

This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit www.pacer.gov or the Clerk’s office at United States District Court District, of Massachusetts, 1 Courthouse Way in Boston, Massachusetts 02210. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the address below:

HELLOFRESH TCPA Settlement Administrator 
P.O. Box 301174 
Los Angeles, CA 90030-1174
1-844-926-1531
Email: admin@HelloFreshTCPAsettlement.com

DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE.