On June 29, 2023, the Honorable Jennifer H. Rearden of the U.S. District Court for the Southern District of New York granted preliminary approval of this class action Settlement, certified a class exclusively for purposes of Settlement, and ordered that all Class Members be notified of the proposed Settlement of the class action lawsuit, Tipsy Nail Club et al. v. ClassPass, Inc. et al., No. 21 CIV. 8662 (JHR), pending against ClassPass, Inc., ClassPass, LLC, Fritz Lanman, and Payal Kadakia (“Defendants”).
ClassPass is an online service that offers consumers access to thousands of fitness and wellness offerings through its platform on its website and mobile app. ClassPass, through a program called ClassPass Concierge, began listing on its platform beauty and wellness businesses that are not ClassPass Partners, allowing ClassPass Members the ability to request appointments at those businesses through the ClassPass platform. Plaintiffs sued Defendants alleging that they violated federal and state laws by listing businesses on the ClassPass platform through ClassPass Concierge without first obtaining the businesses’ consent. Defendants deny all of Plaintiffs’ claims and deny violating any law, and assert that, at all times, their actions and business practices have been lawful and appropriate. The Court has not yet ruled on the merits of any of Plaintiffs’ claims.
The parties negotiated a settlement on behalf of themselves and the Class Members with the assistance of a mediator. The parties’ agreement is documented in the Settlement Agreement, which the Court has preliminarily approved. A Notice of Class Action Settlement is also available here, which describes in more detail the options available to Settlement Class Members.
The proposed settlement class (the “Settlement Class”) consists of all businesses that were listed on ClassPass through ClassPass Concierge from August 1, 2020 through June 29, 2023 and that are not ClassPass Partners.
Plaintiffs, on behalf of themselves and Settlement Class Members, and Defendant have agreed to settle this case by dismissing this Action and discharging the Released Claims against the Releasees in exchange for injunctive relief and the Settlement Amount of $1,893,125 (the “Settlement Fund”). Details regarding the Released Claims and Released Parties, as well as the terms of the injunctive relief, are available in the Settlement Agreement.
The Settlement Amount will cover the following payments, each requiring Court approval: (1) payments to Settlement Class Members; (2) Settlement Administration Costs, estimated to be $99,892; (3) Class Counsel’s fees, not to exceed 33.33% of the Settlement Amount (i.e. $624,731), plus their reasonable litigation costs not to exceed $50,000; (4) Service Awards to the Class Representatives, which will not exceed $10,000 each; and (5) any necessary taxes and tax expenses. Settlement Class Members that submit valid claims by September 7, 2023 and (1) are currently listed on ClassPass Concierge, or (2) were previously listed on ClassPass Concierge and were removed from ClassPass at that business’s request are eligible for payment. Payments to Settlement Class Members will be paid on a pro rata basis based on the number of valid claims submitted by all Settlement Class Members.
Submit a Claim: To receive a Settlement payment, you must submit a claim by clicking HERE or calling the Claims Administrator at (866) 742-4955 or emailing at classpasssettlement@rg2claims.com to request a Claim Form be sent to you and submitting (or printing and mailing) a Claim Form. A valid Claim Form must be submitted online or postmarked by September 7, 2023.
Do Nothing: You will be included in the Settlement Class, will release your claims, and will be bound by the Court’s decision, but you will not receive a payment.
Exclude Yourself: You can exclude yourself (“opt out”) from the Settlement by submitting an exclusion request to the Settlement Administrator that is received no later than September 7, 2023. If you do so, you (1) will not receive any payment from the Settlement, (2) will not be deemed to have released any claims due to this Settlement, and (3) will be barred from filing an objection to the Settlement.
Object: You may also object to the Settlement. Objections must be mailed to the Settlement Administrator and received no later than September 7, 2023. By objecting, you are not excluding yourself from the Settlement. If your objection is rejected, you will be bound by the Settlement Agreement. Details about how to opt-out, object, and submit your Claim Form are available in the Notice and Settlement Agreement.
The Court has set a Fairness Hearing for October 27, 2023 to determine whether to approve the Settlement. You are not required to attend the Hearing, but you are welcome to do so. You or your lawyer may appear at the hearing at your expense. The hearing may be moved to a different date or time without additional notice. Check this website or call (866) 742-4955 for current information.
This is a summary of the Settlement Agreement. You can get a copy of the Settlement Agreement, important Court documents, and more information about the settlement HERE.
You may write with questions to ClassPass Settlement, c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479 or classpasssettlement@rg2claims.com or call the toll-free number (866) 742-4955, or contact Class Counsel, Boni, Zack & Snyder LLC at (610) 822-0200 or Pollack Cohen LLP at (212) 337-5361.
Para obtener más información y ver esta notificación en español, visite el Sitio Web del Acuerdo de Conciliación en www.classpasssettlement.com/documents.html.
자세한 내용 및 한국어로 된 통지는 합의 웹사이트 www.classpasssettlement.com/documents.html 을 방문하십시오.
Please do not contact the Judge, the Clerk of the Court, Defendants, or Defendants’ attorneys regarding this matter or for additional information.