1. Why was this notice issued?
2. Why is this a class action?
3. Why is there a settlement?
4. What is the lawsuit about?
5. How do I know if I am a part of the Settlement Class?
6. What does the Settlement provide?
7. How much will my payment be?
8. What am I giving up to stay in the Settlement Class?
9. Do I have a lawyer in this case?
10. Should I get my own lawyer?
11. How will the lawyers be paid?
12. How can I get compensation under the Settlement?
13. When would I receive compensation?
14. How do I get out of the Settlement?
15. If I do not exclude myself, can I sue Defendant for the same thing later?
16. If I exclude myself, can I get compensation under this Settlement?
17. How do I tell the Court that I do not agree with the Settlement?
18. What is the difference between objecting and excluding myself from the Settlement?
19. What happens if I do nothing at all?
20. When and where will the Court decide whether to approve the Settlement?
21. Do I have to come to the hearing?
22. May I speak at the hearing?
23. How do I get more information?
This notice was issued because a Court has conditionally “certified” this case as a class action lawsuit for settlement purposes only and your rights may be affected. If you purchased items from Blinds.com, JustBlinds.com, or AmericanBlinds.com that were advertised at a purported discount, and your purchases were: (1) made in the state of California from January 26, 2020, to December 5, 2023, or (2) made in the state of Washington from August 9, 2019, to December 5, 2023, you may have legal rights and options in this case. This Notice explains all of these issues. Judge James L. Robart of the United States District Court for the Western District of Washington is overseeing this class action. The case is known as Tracey Liu, et al. v. Home Depot U.S.A. Inc., Case No. 2:23-cv-01217-JLR (the “Action”). The people who sued are called the Plaintiffs. The company they sued is called the Defendant.
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In a class action, one or more people, called “Class Representatives” (in this case Tracey Liu and Kristie Rudham, the named “Plaintiffs”), sue on behalf of all people who have similar claims. Together, these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. Here, the Court has certified a class action for settlement purposes only (the “Settlement Class”). More information about why this is a class action can be found in the Court’s Preliminary Approval Order, which is available in the Important Documents section.
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The Court did not decide in favor of Plaintiffs or Defendant. Plaintiffs think they would have prevailed at trial. Defendant thinks the Plaintiffs would not have won anything from a trial. But there was no trial. Instead, both sides agreed to this Settlement. That way, both sides avoid the risk and cost of a trial, and the Settlement Class Members will receive compensation. The Class Representatives and their attorneys think the Settlement is best for all Class Members.
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The lawsuit claims that Defendant deceptively advertised various discounts of its products on its websites, Blinds.com, JustBlinds.com, and AmericanBlinds.com. The lawsuit claims that Defendant violated California and Washington consumer protection law, and also asserts claims for quasi-contract/unjust enrichment, breach of contract, breach of express and implied warranties, intentional misrepresentation, and negligent misrepresentation. Defendant denied these claims and denies any liability or wrongdoing. More information can be found in the Consolidated Class Action Complaint, available in the Important Documents section of this Settlement Website.
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The Court has certified this case for settlement purposes only as a class action. The Settlement Class consists of:
Excluded from the Settlement Class are all persons who validly opt out of the Settlement in a timely manner; governmental entities; counsel of record (and their respective law firms) for the Parties; Defendant and any of its parents, affiliates, subsidiaries, independent service providers and all of their respective officers and directors; the presiding judge in the Action or judicial officer presiding over the matter, and all of their immediate families and judicial staff; and any natural person or entity that entered into a release with Defendant prior to the Effective Date arising from the same representations, advertising, marketing and/or sales on the Defendant’s websites, Blinds.com, JustBlinds.com, or AmericanBlinds.com, underlying the claims in the operative complaint in the Action.
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Under the terms of the Settlement, each of the approximately 310,000 Settlement Class Members will receive a settlement benefit in either (a) cash, paid by check or electronic payment (“Cash Benefit”); or (b) store credit that can be applied towards any purchase made on Blinds.com, JustBlinds.com, or AmericanBlinds.com (“Credit Benefit”). Class Members can decide whether to receive payment in the form of a Cash Benefit or Credit Benefit. Credit Benefits will be valid for three years after distribution and can be used at any time, towards any one purchase on any of the three websites.
Defendant has also agreed to establish a $4.95 million cash common fund. That common fund will be used to make payments to Settlement Class Members who elect to receive a Cash Benefit. It will also be used to pay for notice and administration costs estimated to be $54,000, incentive awards of up to $2,500 to each of the Class Representatives as approved by the Court, reasonable attorneys’ fees of up to $3.5 million as approved by the Court, and reasonable expenses incurred in litigating this case as approved by the Court.
In addition to the other benefits provided to the Settlement Class, Defendant has made changes to its advertising practices, including modifying the frequency and nature of its sales, to ensure compliance with California and Washington law.
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Class Members who elect to receive payment in the form of a Credit Benefit will receive $50. Class Members who elect to receive payment in the form of a Cash Benefit are also expected to receive $50, but the actual amount received could be higher or lower depending on claims rates, notice and administration expenses, and the amount of attorneys’ fees, costs, and incentive payments that the Court approves.
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Unless you exclude yourself from the Settlement, you will be part of the Settlement Class, and you will be bound by the release of claims in the Settlement. This means that, if the Settlement is approved, you cannot sue, continue to sue, or be part of any other lawsuit against Defendant asserting a released claim. It also means that all the Court’s orders will apply to you and legally bind you. If you sign the Claim Form or do nothing, you will agree to release Defendant from any and all claims under federal and state law that arise from or relate to the allegations concerning Defendant’s advertising practices at issue in this action.
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Yes. The Court has appointed Simon Franzini and Grace Bennett of Dovel & Luner, LLP as Class Counsel to represent you and the Settlement Class in this case. These lawyers have experience handling similar cases. More information about the lawyers and their law firm is available at https://www.dovel.com.
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You do not need to hire your own lawyer because Class Counsel is representing you and all the other members of the Settlement Class. If you want someone other than Class Counsel to speak for you, you may hire your own lawyer at your own expense.
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Class Counsel may file a request for attorneys’ fees of no more than $3.5 million. Class Counsel may also seek reimbursement of the reasonable costs they sustained in litigating this case. Class Counsel may also ask the Court to approve incentive awards of up to $2,500 to the Class Representatives, Tracey Liu and Kristie Rudham, for their services as Class Representatives. The Court may award less than these amounts.
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Settlement Class Members who do not opt out of the Settlement by July 16, 2024, will receive compensation in the form of either (a) cash, paid by check or electronic payment (“Cash Benefit”); or (b) credit that can be applied towards any purchase made on Blinds.com, JustBlinds.com, or AmericanBlinds.com (“Credit Benefit”), at each Settlement Class Member’s election.
To receive the Cash Benefit, you must submit a valid Claim Form. Settlement Class Members who do not submit a valid Claim Form by August 15, 2024, will receive the Credit Benefit.
A Claim Form is available online. Read the instructions carefully, fill out the form, sign it, and submit it online no later than August 15, 2024. To file an online Claim Form you will need a “SIMID”, which is located in the email you may have received pertaining to the Settlement located in the Section stated – “How can I get compensation under the Settlement?”. You may also submit a Claim Form by mail if postmarked by no later than August 15, 2024 to Liu v. Home Depot, c/o Simpluris, PO Box 25226, Santa Ana, CA 92799.
To receive a Cash Benefit, each Settlement Class Member must attest under penalty of perjury that they were a California or Washington resident who purchased one or more products from Blinds.com, JustBlinds.com, or AmericanBlinds.com during the Class Period, and the information supplied in the Claim Form is true and correct to the best of the Settlement Class Member’s knowledge. Failure to timely submit a valid Claim Form with all requested information will result in such Settlement Class Member receiving a Credit Benefit by default.
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The Court will hold a hearing on September 30, 2024, to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Settlement Benefits will be distributed after the Settlement is finally approved and all appeals (if any) have been resolved in favor of the Settlement. The progress of the Settlement will be updated through information posted on the Settlement Website. Please be patient.
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If you do not want a Settlement Benefit under this Settlement, and you want to keep the right to sue or continue to sue Defendant regarding the alleged marketing practices that are the subject of the Action, then you must take steps to get out of the Settlement Class. This is called excluding yourself from, or opting out of, the Settlement Class.
To exclude yourself from the Settlement, you must send a letter by mail to the Class Action Settlement Administrator that (a) states your name, address, and phone number; (b) is personally signed by you, and not your attorney or anyone acting on your behalf; and (c) includes the statement “I/we request to be excluded from the class settlement in Tracey Liu, et al. v. Home Depot U.S.A., Inc., Case No. 23-cv-1217 (W.D. Wash.).” No request for exclusion will be valid unless all the information described above is included.
You must mail your exclusion request postmarked no later than July 16, 2024, to the Class Action Settlement Administrator at the following address:
Liu v. Home Depot
c/o Simpluris
PO Box 25226
Santa Ana, CA 92799
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No. If you do not exclude yourself, you give up any right to sue (or continue to sue) Defendant for the claims that this Settlement resolves.
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No. If you ask to be excluded, you will not get any compensation under the Settlement, and you cannot object to the Settlement.
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You can ask the Court to deny approval of the Settlement by filing an objection. You can’t ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement Benefits will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. A Settlement Class Member who objects still remains in the Settlement Class and must timely submit a Claim Form in order to obtain a Cash Benefit.
Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.
All written objections and supporting papers must (a) clearly identify the case name and number (Tracey Liu, et al. v. Home Depot U.S.A., Inc., Case No. Case No. 23-cv-1217 (W.D. Wash.)), (b) be submitted to the Court either by mailing them to the Clerk of the Court, United States District Court for the Western District of Washington, United States Courthouse, 700 Stewart Street, Suite 2310, Seattle, WA 98101, or by filing them in person with the Clerk of Court at that same address, and (c) be filed or postmarked on or before July 16, 2024.
Written objections must also contain: (1) your full name, address, and telephone number; (2) a written statement of all grounds for the objection accompanied by any legal support for the objection (if any); (3) copies of any papers, briefs or other documents upon which the objection is based (if any); (4) a list of all persons who will be called to testify in support of the objection (if any); (5) a statement of whether you intend to appear at the Final Approval Hearing; (6) proof of membership in the Class or a signed statement attesting under penalty of perjury that you are a Settlement Class Member; (7) a list of all objections filed by you and your counsel to class action settlements in the last three years (if any); and (8) your signature and your attorney’s signature (if any).
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Objecting means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement means that you do not want to be part of the Settlement Class. If you exclude yourself, then you have no basis to object to the Settlement.
A Settlement Class Member who objects still remains in the Settlement Class and is eligible to receive a Settlement Benefit.
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If you do nothing, you will remain a member of the Settlement Class and you will give up your right to sue Defendant. You will automatically receive a Settlement Benefit in the form of a $50 credit that can be applied towards any purchase made on Blinds.com, JustBlinds.com, or AmericanBlinds.com.
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The Court will hold a Final Approval Hearing on September 30, 2024, at the United States District Court for the Western District of Washington, 700 Stewart Street, Seattle, WA 98101-9906. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are valid objections that comply with the requirements herein, the Court will also consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and the Class Representatives.
The date of the Final Approval Hearing may change without further notice to the Settlement Class. Settlement Class Members should check the Settlement Website or the Court’s PACER site to confirm that the date has not been changed and whether the hearing may proceed virtually.
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No. Class Counsel will appear on behalf of the Settlement Class. But you are welcome to come, or have your own lawyer appear, at your own expense.
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You, or any lawyer you retain, may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include in your objection to the Settlement a statement saying that it is your intent to appear at the Final Approval Hearing. Your Objection and notice of intent to appear must be submitted to the Court and postmarked no later than July 16, 2024. You cannot speak at the hearing if you exclude yourself from the Settlement.
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This notice is only a summary of the proposed Settlement. More information about the lawsuit and the precise terms and conditions of the Settlement is available on the Important Documents section, or by calling toll-free (866) 605-3086, or by writing to the Class Action Settlement Administrator at Liu v. Home Depot, c/o Simpluris, PO BOX 25226, Santa Ana, CA 92799, or by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://www.wawd.uscourts.gov/, or by visiting the office of the Clerk of the Court for the United States District Court for the Western District of Washington, 700 Stewart Street, Suite 2310, Seattle, Washington 98101, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding court holidays. You may also contact Class Counsel using the information listed below:
DOVEL & LUNER, LLP
Simon Franzini
simon@dovel.com
Grace Bennett
grace@dovel.com
201 Santa Monica Blvd., Suite 600
Santa Monica, California 90401
(310) 656-7066
Please do not telephone the Court or the Court Clerk’s Office to inquire about this Settlement or the Claims Process.
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