IF YOU ARE AN INDIVIDUAL WHO PURCHASED A PRODUCT FROM WWW.EVERLYWELL.COM OR WWW.NATALIST.COM ANYTIME BETWEEN APRIL 4, 2019 AND DECEMBER 3, 2024, YOU ARE ELIGIBLE TO RECEIVE A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT.
The Court has authorized this website. This is not a solicitation from a lawyer.
A settlement has been reached in Reedy, et al. v. Everlywell, Inc., Case No. 1:24-cv-02713, a class action lawsuit that is pending in the United States District Court for the Northern District of Illinois. The persons that filed the class action lawsuit are called the “Plaintiffs” or “Settlement Class Representatives.” The Plaintiffs have brought this class action lawsuit against Everly Well, Inc. (also known as “Everlywell” )and Baby Someday, Inc. (also known as (“Natalist”). Everlywell and Natalist are called the “Defendants.”
Plaintiffs allege that Defendants installed third-party “Tracking Tools” on their website, including tracking pixels (“Pixels”), made by Meta Platforms, Inc. d/b/a Meta (“Facebook”) and Google LLC (“Google”). As a result, Plaintiffs allege that these Tracking Tools transmitted information about Plaintiffs and Settlement Class Members, including confidential, personally identifiable information, to Facebook and Google. Plaintiffs allege that Defendants’ implementation and usage of such Tracking Tools resulted in the invasion of Plaintiffs’ and Settlement Class Members’ privacy and other common law and statutory violations. Defendants deny any wrongdoing whatsoever.
There are two subclasses that make up the Settlement Class:
- Non-Sensitive Test Subclass Members: You are a Non-Sensitive Test Class Member if we identified as one of the 1,340,000 natural Persons who used Defendants' Websites to purchase test kits and other products not included within the "sensitive" tests.
- Sensitive Test Subclass Members: You are a Sensitive Test Subclass Member if you identified as one of the 660,000 natural Persons who used Defendants’ Websites to purchase allegedly “sensitive” test kits and other products, such as tests for sexually transmitted infections.
Settlement Class Members under the Settlement Agreement will be eligible to receive:
- Non-Sensitive Test Subclass Member benefits: Defendants have agreed to pay $2,360,000 into a Non-Sensitive Test Settlement Fund after the deduction of (i) 47.2% of the Notice and Settlement Administration Costs incurred in the administration of both the Sensitive Test and Non-Sensitive Test Settlement Funds, and (ii) 47.2% of any Attorneys’ Fees and Expenses Award and expenses incurred by Class Counsel, and service awards, as approved by the Court. The Settlement Administrator will make pro rata Settlement payments - meaning that each Subclass member will receive an equal share - which may increase or decrease the cash payment depending on the amount left in the Non-Sensitive Test Settlement Fund and the number of Valid Claims submitted.
- Sensitive Test Subclass Member benefits: Defendants have agreed to pay $2,640,000 into a Sensitive Test Settlement Fund. The Sensitive Test Settlement Fund will be used to pay (i) 52.8% of the Notice and Settlement Administration Costs incurred in the administration of both the Sensitive Test and Non-Sensitive Test Settlement Funds, and (ii) 52.8% of any Attorneys’ Fees and Expenses Awards and expenses incurred by Class Counsel, and Service Awards, as approved by the Court. The Settlement Administrator will make pro rata Settlement payments, which may increase or decrease the cash payment depending on the amount left in the Sensitive Test Settlement Fund and the number of Valid Claims submitted.
Summary of Legal Rights
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