Frequently Asked Questions

The Court authorized this Settlement Website because you have a right to know about the Settlement, and all of your options, before the Court decides whether to grant final approval and make the Settlement Final. This Settlement Website explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

The Honorable Judge Andrea R. Wood of the United States District Court for the Northern District of Illinois is overseeing this case captioned as Reedy, et al. v. Everlywell, Inc., Case No. 1:24-cv-02713. The people who brought the lawsuit are called the Settlement Class Representatives. The companies being sued, Everly Well, Inc. or Everlywell and Baby Someday, Inc. d/b/a Natalist or Natalist, are called the Defendants.
 

The Litigation arises from Plaintiffs’ allegations that Defendants disclosed information about Plaintiffs and Settlement Class Members to third parties, including, but not necessarily limited to, Meta Platforms, Inc. d/b/a Meta (“Facebook”) and Google LLC (“Google”) via tracking pixels (the “Meta Pixel” or “Pixel”), and other tracking technologies, called Tracking Tools, installed on Defendants’ Websites. These alleged disclosures are also referred to as the Pixel Disclosure(s).

Defendants deny any wrongdoing whatsoever. No court or other judicial body has made any judgment or other determination that Defendants have done anything wrong.

In a class action, one or more people called “Settlement Class Representatives” or “Plaintiffs” sue on behalf of all people who have similar claims. Together, all of these people are called a “Settlement Class,” and the individuals are called “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Plaintiffs or Defendants. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The Settlement Class Representatives appointed to represent the Settlement Class, and the attorneys for the Settlement Class (also referred to as “Class Counsel”), think the Settlement is best for all Settlement Class Members.

There are two subclasses that make up the Settlement Class:

• Non-Sensitive Test Subclass Members – You are a Non-Non-Sensitive Test Subclass Member if you 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 – Sensitive Test Subclass Members include 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.

Excluded from the Settlement Class (i) the officers and directors of Defendants and their affiliates, parents, and subsidiaries; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; (iii) any individual who timely and validly excludes themselves from the Settlement, and (iv) the successors or assigns of any such excluded Persons.

If you are not sure whether you are included in the Settlement, you may call (833) 627-2514 with questions. You may also write with questions to:

Settlement Administrator – Case #83136
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391
 

The Settlement provides a Settlement Fund of $5,000,000 to be used to pay for: (i) reasonable Notice and Settlement Administration Costs incurred in the administration of the Settlement, as approved by Class Counsel and the Court; (ii) any taxes owed by the Settlement Fund; (iii) any Service Awards to Settlement Class Representatives approved by the Court; (iv) any Attorneys’ Fees and Expenses Award as approved by the Court; (v) pro rata cash payments to Settlement Class Members who submit a Valid Claim Form; and (vi) any cy pres payment to an agreed upon and court-approved charitable organization unaffiliated with the Parties.

Settlement Class Members under the Settlement Agreement may submit a claim to receive:

• Non-Sensitive Test Subclass Member benefits: Defendants have agreed to pay $2,360,000 into a Non-Sensitive Test Settlement Fund. Non-Sensitive Test Subclass Members shall have the opportunity to submit a claim to receive a payment from the 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 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, 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 Subclass Members shall have the opportunity to submit a claim to receive a payment after the deduction of 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 Litigation Expenses incurred by Class Counsel, 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.

To receive a Settlement Payment, you must complete and submit a Claim Form online at www.EWLabTestSettlement.com or by mail to Settlement Administrator – Case #83136, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391. Read the Claim Form instructions carefully, fill out the Claim Form and submit online by March 19, 2025, or by mail postmarked by March 19, 2025.

The Settlement Administrator will distribute the Sensitive Test Settlement Fund and the Non-Sensitive Test Settlement Fund via pro rata cash payments to Settlement Class Members who submit a valid and timely Claim Form. 

The Settlement Administrator will issue a Pro Rata Payment Reminder Notice to any Settlement Class Member who did not redeem their pro rata payment within forty-five (45) days after issuance of payment. Settlement Class Members who request a replacement pro rata payment within 60 days after issuance will have an additional sixty (60) days to redeem their pro rata payment. Any Residual Funds will then be allocated to the agreed-upon cy pres recipient.
 

The Court will hold a Final Approval Hearing on April 29, 2025, at 11:00 a.m. CT to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving them can take time. It also takes time for all of the Claim Forms to be processed. Please be patient. Payments will begin after the Settlement has obtained Court approval and the time for all appeals has expired.

Defendants and their affiliates will receive a release from all claims that could have been or that were brought against Defendants relating to the Pixel Disclosure. Thus, if the Settlement becomes Final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendants and past or present parents, subsidiaries, divisions, and related or affiliated entities of any nature whatsoever, whether direct or indirect, as well as each of Defendants’ and these entities’ respective predecessors, successors, assigns, shareholders, members, trustees, directors, officers, employees, principals, agents, attorneys, representatives, providers, advisors, consultants, contractors, vendors, partners, insurers, reinsurers, and subrogees, and includes, without limitation, any Person related to any such entity who could have been named as a defendant in this Litigation. This release is described in the Settlement Agreement, known as Released Claims, which is available in the Documents section of this website. If you have any questions, you can talk to the law firms listed in FAQ 17 for free or you can talk to your own lawyer.

If you do not want to be part of the Settlement, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as “opting out” of the Settlement Class.

If you exclude yourself, you will not be entitled to receive any benefits from the Settlement.

No. Unless you exclude yourself, you give up any right to sue Defendants and any other Related Parties for any claim that could have been or was brought relating to the Pixel Disclosure. You must exclude yourself from the Settlement to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. 

To exclude yourself, send a Request for Exclusion or written notice of intent to opt-out that says you want to be excluded from the Settlement in Reedy, et al. v. Everlywell, Inc., Case No. 1:24-cv-02713. The Request for Exclusion must include: (i) identify the case name and number of this Litigation; (ii) state the Settlement Class Member’s full name, address, and telephone number; (iii) contain the Settlement Class Member’s personal and original signature; (iv) state unequivocally the Settlement Class Member’s intent to be excluded from the Settlement Class; and (v) request exclusion only for that one Settlement Class Member whose personal and original signature appears on the request. You must mail your Request for Exclusion to the Settlement Administrator postmarked by March 19, 2025, to:

Settlement Administrator – Case #83136
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. For an Objection to be a valid Objection under the Settlement, it must be in writing, mailed to the to the Clerk of the Court, at the address listed below, , or filed online at the web address below through the Court's CM/ECF system, postmarked or dated by no later than March 19, 2025.

Your Objection must be written and must include all of the following: 

1. include the case name and number of the Litigation; 
2.  set forth the Settlement Class Member’s full name, current address, telephone number, and email address; 
3. contain the Settlement Class Member’s personal and original signature;
4.  if the objecting Settlement Class Member is represented by an attorney, or received assistance from an attorney in drafting his or her objection, the name, address, telephone number, and email address of the attorney;
5.  contain a statement indicating the basis for the objecting Settlement Class Member’s belief that he or she is a member of the Settlement Class;
6. state whether the objection applies only to the Settlement Class Member, to a specific subset of the Settlement Class, or to the entire Settlement Class;
7. set forth a statement of the legal and/or factual basis for the Objection; 
8. contain a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past three (3) years; and 
9. state whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally or through counsel.

If an objecting Settlement Class Member is represented by counsel and such counsel intends to speak at the Final Approval Hearing, the written Objection must also include: (i) the identity of witnesses whom the objecting Settlement Class Member intends to call to testify at the Final Approval Hearing; and  (ii) a description of any documents or evidence that the objecting Settlement Class Member intends to offer at the Final Approval Hearing.

Objecting is telling the Court that you do not like the Settlement or parts of it and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the Settlement. If you exclude yourself, you have no basis to object because you are no longer a Settlement Class Member, and the case no longer affects you. If you submit both a valid objection and a valid Request for Exclusion, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Siri & Glimstad LLP and Almeida Law Group LLC, as Class Counsel to represent the Settlement Class in settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel shall request the Court to approve an award of attorneys’ fees not to exceed one third of the “Net Settlement Fund” (as that term is defined in Paragraph 12.r of the Settlement Agreement), plus reasonable Litigation Expenses. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will also ask the Court for Service Awards up to $2,500 for each of the Settlement Class Representatives, from the Settlement Fund, in recognition of their contributions to this Litigation.

Any Application for Attorneys’ Fees and Expenses Award plus reasonable Litigation Expenses, and Service Awards must be approved by the Court. The Court may award less than the amounts requested.

The Court will hold a Final Approval Hearing at 11:00am CT on April 29, 2025, at the Everett M. Dirksen U.S. Courthouse, 219 Dearborn St., Chicago, IL 60604, Room 2141 as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the Application for Attorneys’ Fees and Expenses Award plus reasonable Litigation Expenses, and Service Awards. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.  The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking this Website, or calling (833) 627-2514.

No. Class Counsel will present the Settlement Class to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an Objection, you do not have to visit the Court to talk about it. As long as you filed your written Objection on time with the Court and mailed it according to the instructions provided in FAQ 15, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an Objection according to the instructions in FAQ 15, including all the information required. Your Objection must be mailed to the Clerk of the Court, at the mailing addresses listed in FAQ 14, postmarked by no later than March 19, 2025, or filed electronically online.

If you do nothing, you will not receive any benefits from this Settlement. If the Settlement is granted final approval and becomes Final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants or the other Related Parties based on any claim that could have been or that was brought relating to the Pixel Disclosure.

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

Settlement Administrator – Case #83136
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391