A Court authorized this Notice to inform people that may be Class Members about a proposed Settlement of this class action regarding alleged false former pricing by Wish.com. This Notice explains the nature of the lawsuits and claims being settled, your legal rights, and the benefits to the Class.
Judge William Hickle of the Circuit Court of Phelps County, Missouri is overseeing this class action. The case is known as Golden, et al v. ContextLogic Inc. d/b/a Wish.com, Case No. 17PH-CV01741. The people who sued are called the "Plaintiffs," and the company they sued, Wish.com, is called the "Defendant."Top
Wish.com sells a wide variety of items on its website. Wish often advertises discounts or sale items, along with an "original" or "regular" price and a corresponding percent discount from that "original" price to the sale price.
The Plaintiffs who filed this case allege that the "original" prices are often inflated higher than the real "original" price. As a result, the Plaintiffs allege that Wish.com advertises discounts that are greater than in reality in order to induce people to buy these "sale" items.
The Plaintiffs presently bring claims against Wish.com for (i) violations of the Missouri Merchandising Practices Act; (ii) Unjust Enrichment, (iii) violations of the California Consumers Legal Remedies Act, (iv) violations of the California Unfair Competition Law; and (v) violations of the California False Advertising Act.
Wish.com denies the accuracy of the Plaintiffs’ allegations and denies that it violated any law or caused any harm as alleged in the Lawsuit.Top
The Court did not decide in favor of the Plaintiffs or Wish.com. Instead, both sides agreed to settle this case. That way, they avoid the costs and risk of a trial, and the Class will receive relief when the Settlement is final, rather than years from now, if at all.Top
In a class action, one or more people called "Class Representatives" (in this case, Sherhonda Golden, Denise Valencia, Randall Robello, and Melissa Claybaugh) sue on behalf of people who have similar claims. All of these people who may have similar claims form a "Class" and are "Class Members." The Settlement resolves the issues for all Class Members, except those who exclude themselves from the Class, as explained in Section 8.
To know if you will be affected by this Settlement, you first have to determine if you are a Class Member. The Court decided that the Class includes all persons in the United States of America between June 6, 2013 and December 12, 2017 who purchased one or more products at a discount off of the stated "original" or "regular" price, and who have not received a refund or credit for their purchases. The Class also includes anyone who could bring any of the claims in the Lawsuit on behalf of these users of Wish.com, such as representatives, heirs, administrators, and assigns. If you are not sure whether you are in the Class, or have any other questions about the Settlement, please write with questions to: Golden v. ContextLogic Inc. Settlement Administrator, P.O. Box 404041, Louisville, KY 40233-4041.Top
If the proposed Settlement is finally approved by the Court, and after any appeals are resolved, Wish.com has agreed to:
The deadline to make a valid claim is August 1, 2018.Top
If the Settlement becomes final, Class Members will be releasing Wish.com (and certain others related to Wish.com, such as Wish.com directors, officers and employees) from all of the settled claims. This means that you will no longer be able to sue Wish.com (or the other released parties) regarding any of the settled claims if you are a Class Member and do not timely and properly exclude yourself from the Class.
The settled claims are any known or unknown claims that any Class Member may at any time have up to December 12, 2017, arising out of the subject matter giving rise to the claims in the lawsuits that were consolidated into this Lawsuit. In addition, Class Members expressly waive and relinquish the provisions of California Civil Code § 1542 (and all other similar provisions of law) to the full extent that these provisions may be applicable to this release. California Civil Code § 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The full text of the Settlement Agreement, which includes all the provisions about settled claims and releases, is available on the Court Documents tab of this website.Top
Sherhonda Golden, Denise Valencia, Randall Robello, and Melissa Claybaugh will request a service award of up to $3,000.00 each for their services as Class Representatives and their efforts in bringing the Lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives.Top
To qualify for Settlement benefits and receive a payment you must complete and submit a valid Claim Form either electronically or postmarked by August 1, 2018. Claim Forms are available and may be filed online through this website. Class Members may file a claim for an award between $3.00 and $20.00.
Please read the instructions carefully, complete the Claim Form, and mail it postmarked no later than August 1, 2018 to: Golden v. ContextLogic Inc. Settlement Administrator, P.O. Box 404041, Louisville, KY 40233-4041 or submit your Claim Form online by 11:59 p.m. Central, August 1, 2018.
If you do not submit a valid Claim Form by the deadline, you will not receive a payment.Top
Class Members who do not want to be part of the Settlement must complete a form requesting to be excluded. The form and instructions for its submission are available on this website or from the Settlement Administrator (see frequently asked question 19 for contact information). Requests for exclusion must be made on an individual basis, and nobody can exclude you on your behalf. If you received notice about this settlement in December, 2017, your exclusion request must be received on or before March 2, 2018. If you received notice about this settlement in March, 2018, your exclusion request must be received on or before April 30, 2018.Top
No, if you are a Class Member. If you do not exclude yourself, you forever give up the right to sue Wish.com for all of the claims that this Settlement resolves.
If you submit a valid and timely request to be excluded, you cannot object to the proposed Settlement. However, if you ask to be excluded, you may sue or continue to sue Wish.com about the same claims resolved by this Settlement in the future. You will not be bound by anything that happens in this Lawsuit.Top
If you are a Class Member and do nothing, and you do not exclude yourself, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against Wish.com and the other released parties about the settled claims in this case at any time.Top
The Court has ordered that David L. Steelman and Stephen F. Gaunt of Steelman, Gaunt & Horsefield, and Scott A. Kamber and Michael Aschenbrener of KamberLaw LLC (together, "Class Counsel") will represent the interests of all Class Members. Class Members 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.Top
Class Counsel will request up to $2,100,000 for their attorneys’ fees and costs. A copy of Class Counsel’s application for attorneys’ fees and costs will be available prior to the Approval Hearing on the Court Documents tab of this website. The Court will make the final decisions as to the amounts to be paid to Class Counsel, and may award less than the amounts requested by Class Counsel.Top
You can object to the Settlement if you do not like any part of it. You must give the reasons why you think the Court should not approve the Settlement. To object, you must deliver to the Settlement Administrator, Class Counsel and Wish.com’s counsel, and file with the Court, a written statement of your objection(s). The written statement must include (i) your full name, address, telephone number and signature; (ii) the name of the Lawsuit; (iii) the specific reason(s) why you object to the Settlement; (iv) copies of any evidence and legal authority you would like the Court to consider; (v) information demonstrating that you are a Class Member; and (vi) whether you or your attorney will appear at the approval hearing (see Section 14). You must send a copy of your objection by First-Class mail to the four different places listed below, received (not merely postmarked) no later than March 2, 2018 IF you received notice of this settlement in December, 2017. If you received notice of this settlement in March, 2018, you must send a copy of your objection by First-Class mail to the four different places listed below, received (not merely postmarked) no later than April 30, 2018.
Phelps County Circuit Court
Hon. William Earle Hickle
200 North Main Street
Rolla, MO 65401
David L. Steelman
Steelman, Gaunt & Horsefield
901 Pine Street, Suite 110
Rolla, MO 65401
Jeffrey S. Jacobson
Kelley Drye & Warren
101 Park Avenue
New York, NY 10178
Golden v. ContextLogic Inc. Settlement Administrator
P.O. Box 404041
Louisville, KY 40233-4041
If you or your attorney intends to make an appearance at the Approval Hearing and you have not so indicated in your objection, you must also deliver, according to the above procedures, at the same time as you send your objection, a Notice of Intention to Appear. Any attorney hired by a Class Member to represent him or her and appear at the Approval Hearing must also file a notice of appearance with the Court no later than March 2, 2018, if you received notice of this settlement in December, 2017, or no later than April 30, 2018, if you received notice of this settlement in March, 2018.
If you fail to comply with these requirements, or fail to submit your objection before the deadline, you will be deemed to have waived all objections and will not be entitled to speak at the Approval Hearing.Top
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.Top
A Court has preliminarily approved the Settlement and will hold a hearing to determine whether to give final approval to the Settlement. The purpose of the Approval Hearing is for the Court to determine wither the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Class to consider the award of attorneys’ fees and expenses to Class Counsel and to consider the request for a service awards to the Class Representatives.
The Court will hold the Approval Hearing on May 25, 2018, at 9:00 a.m., at the Circuit Court of Phelps County, Missouri, 200 North Main Street, Rolla, Missouri 65401. The hearing may be postponed to a different time or location without additional notice, so it is recommended that you periodically check this settlement website for updated information.Top
No, you are not required to come to the Approval Hearing. However, you are welcome to attend the hearing at your own expense. If you send a written objection, you do not have to come to the hearing to talk about it. As long as you submitted the written objection and it was received on time, the Court will consider it. You also may pay your own lawyer to attend the Approval Hearing, but that is not necessary.Top
As described previously, you may speak at the Approval Hearing only if you (a) have timely served and filed an objection, and (b) followed the procedures set forth in Section 14 for notifying the Court and the parties that you intend to speak at the Approval Hearing. You cannot speak at the hearing if you exclude yourself from the Settlement.Top
The Notice summarizes the proposed Settlement.
To see a copy of the actual Settlement Agreement, the complaints filed in this Lawsuit, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, other pertinent information, and to check the status of the Settlement or if the Settlement has been approved by the Court, please visit the Court Documents tab of this website.
You may also contact the Settlement Administrator at Golden v. ContextLogic Inc. Settlement Administrator,
P.O. Box 404041, Louisville, KY 40233-4041, by calling toll-free at 1-855-201-2219. To see papers filed with the Court and a history of this Lawsuit, you may also visit or call the Clerk’s office at the Phelps County Circuit Court, 200 North Main Street, Rolla, MO 65401; (573) 458-6200. The Clerk will tell you how to obtain the complete file for inspection and copying at your own expense.
You may also contact Class Counsel at (573) 341-8336.
PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE.Top