Bloom v. Jenny Craig, Inc.

Frequently Asked Questions

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Questions

Answers

1. What is this litigation about?

Answer:

The lawsuit alleges that Jenny Craig sent text messages to Plaintiff’s wireless telephone number without prior express written consent in violation of the Telephone Consumer Protection Act 47 U.S.C. § 227 (“TCPA”) and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a class of all individuals in the United States.

Jenny Craig denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

The Settlement resolves the lawsuit. The Court has not decided who is right.

The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted on this Website.

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2. What is the telephone consumer protection act?

Answer:

The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts telephone solicitations and the use of automated telephone equipment. The Plaintiff here alleged that Jenny Craig sent marketing text messages to individuals without the requisite prior written consent in violation of the TCPA.

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3. Why is this a class action?

Answer:

In a class action, one person called the “Class Representative” (in this case, Plaintiff Zoey Bloom) sues on behalf of himself and other people with similar claims. All of the people who have claims similar to the Plaintiffs are members of the Settlement Class, except for those who exclude themselves from the class.

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4. Why is there a settlement?

Answer:

The Court has not found in favor of either Plaintiff or Jenny Craig. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in this Website.  Jenny Craig denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.

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5. Who is included in the Settlement?

Answer:

The Settlement includes all persons in the United States who received one or more text messages sent by or on behalf of Jenny Craig from May 7, 2014 through September 6, 2018. These people are called the “Settlement Class” or “Settlement Class Members.”

Excluded from the Settlement Class are (A) Defendant, Defendant’s officers, Defendant’s directors, and their immediate family members; (B) Class Counsel; and (C) the judges who have presided over the litigation and their immediate family members.

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6. What if I am not sure whether I am Included in the Settlement?

Answer:

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, read this Settlement Website or call the toll-free number, 1-844-491-5744. You also may send questions to the Settlement Administrator at Bloom v Jenny Craig Settlement, c/o Settlement Administrator, PO Box 7808 , Philadelphia, PA 19101-7808.

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7. What does the Settlement provide?

Answer:

Jenny Craig has agreed to pay $3,000,000 to create a cash Settlement Fund. The Settlement Fund will be used to pay an attorneys’ fee award and a Service Award to the Class Representative. The remaining Net Settlement Fund shall be distributed as cash payments to Settlement Class Members who submit valid Claims. The cash payments will be distributed on a pro rata basis to Settlement Class Members depending on the number of valid Claims filed. Each Settlement Class Member may file one Claim and receive one cash payment for each mobile telephone number texted.

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8. How do I file a claim?

Answer:

If you qualify for a cash payment, you must complete and submit a valid Claim Form to receive it. You can file your Claim Form on this Website by clicking on the "Submit Claim" tab or you can download a Claim Form from this Website and send it by U.S. Mail to the address below. Claim forms must be postmarked by March 12, 2019 or filed online by 11:59 p.m. ET on March 12, 2019.


If you received a Claim Form in the mail with a postcard Notice, simply complete, sign, and mail the form by U.S. Mail to the address below. The postage is pre-paid and there is no need for a stamp.

Claim Forms submitted by mail must be postmarked on or before March 12, 2019 to:

Bloom v Jenny Craig Settlement
c/o Settlement Administrator
PO Box 7808
Philadelphia, PA 19101-7808

No matter which method you choose to file your Claim Form, please read the Claim Form carefully and provide all the information required.

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9. When will I receive my payment?

Answer:

Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see “Final Approval Hearing” below). If there are appeals, resolving them can take time. Please be patient.

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10. How do I get out of the settlement?

Answer:

If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Jenny Craig on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as “opting out” of the Settlement Class.

To exclude yourself from the Settlement, you must send a timely letter by mail to:

Bloom v Jenny Craig Settlement
c/o Settlement Administrator
PO Box 7808
Philadelphia, PA 19101-7808

Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class.”  Unless you exclude yourself or “opt out,” you are a member of the Settlement Class.

Your exclusion request must be postmarked no later than November 5, 2018. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.

You may opt out of the Settlement Class only for yourself.

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11. If I do not exclude myself, can I sue Jenny Craig for the same thing later?

Answer:

No. Unless you exclude yourself, you give up the right to sue Jenny Craig for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

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12. What am I giving up to stay in the settlement Class?

Answer:

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Jenny Craig about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.

The Settlement Agreement is available on this Website. The Settlement Agreement provides more detail regarding the Releases and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in Question 14 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

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13. If I exclude myself, can I still get a payment?

Answer:

No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.

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14. Do I have a lawyer in the case?

Answer:

The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

Andrew Shamis
Shamis & Gentile, P.A

Manuel Hiraldo
Hiraldo P.A.

Scott Edelsberg
Edelsberg Law, P.A.

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

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15. How will the lawyers be paid?

Answer:

Class Counsel intend to request up to 30% of the value of the Settlement for attorneys’ fees plus reimbursement of reasonable, actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Motion for these fees and expenses will be posted on this Website when they are filed with the Court.  The Court will decide the amount of fees and expenses to award.

Class Counsel will also request that a Service Award of $4,500 be paid from the Settlement Fund to the Class Representative for her service as representative on behalf of the whole Settlement Class.

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16. How do I tell the court if I do not like the settlement?

Answer:

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes the following:

1)  A heading that includes the case name and case number—Zoey Bloom, on behalf of herself and all others similarly situated, v. Jenny Craig Inc., Case No. 1:18-cv-21820;

2)   Your name, address, telephone number, the cell phone number at which you received text messages from Jenny Craig from May 7, 2014 through September 6, 2018 , and if represented by counsel, the name, bar number, address, and telephone number of your counsel;

3)    A signed statement stating, under penalty of perjury, that you received one or more text messages sent by or on behalf of Jenny Craig from May 7, 2014 through September 6, 2018 and are a member of the Settlement Class;

4)    A statement of all your objections to the Settlement including your legal and factual basis for each objection;

5)    A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;

6)  The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;

7)  A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and

8)  Any and all agreements that relate to the objection or the process of objecting—whether written or verbal—between you or your counsel and any other person or entity.

If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by November 5, 2018.


Clerk of the Court

Class Counsel

Defendant’s Counsel

United States District Court for

the Southern District of Florida

400 North Miami Avenue

Miami, FL 33030

Andrew Shamis

Shamis & Gentile, P.A.

14 NE 1st Ave

Suite 400
Miami, FL 33132

David Jay

Greenberg Traurig, LLC

500 Campus Drive, Suite 400

Florham Park, NJ 07932



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17. What is the difference between objecting and asking to be excluded?

Answer:

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

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18. When and where will the court decide whether to approve the settlement?

Answer:

The Court has scheduled a Final Approval Hearing on February 25, 2019 at 10:00 a.m. at the Miami. U.S. Courthouse, 400 North Miami Avenue, Miami FL 33030.  The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this Website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

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19. Do I have to attend the hearing?

Answer:

No. Class Counsel will answer any questions the Court may have. But, you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

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20. May I speak at the hearing?

Answer:

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing. (see question 16 above)

You cannot speak at the hearing if you exclude yourself from the Settlement.

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21. What happens if I do nothing at all?

Answer:

If you are a Settlement Class Member and do nothing, meaning you do not file a timely Claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.

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22. How do I get more information?

Answer:

This website summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement on this Website. You also may write with questions to the Settlement Administrator at the below address, or call 1-844-491-5744:

Bloom v Jenny Craig Settlement
c/o Settlement Administrator
PO Box 7808
Philadelphia, PA 19101-7808


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This website is authorized by the Court, supervised by counsel, and controlled by, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 844-491-5744

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline.

    Monday, November 5, 2018 You must complete and mail your request for exclusion form so that it is postmarked no later than Monday, November 5, 2018.
  • Objection Deadline.

    Monday, November 5, 2018 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Monday, November 5, 2018.
  • Claim Form Deadline.

    Tuesday, March 12, 2019

    You must submit your Claim Form on-line no later than ,Tuesday, March 12, 2019, or mail your completed paper Claim Form so that it is postmarked no later than Tuesday, March 12, 2019.

  • Final Approval Hearing Date.

    Monday, February 25, 2019 The Final Approval Hearing is scheduled for Monday, February 25, 2019 at 10:00 a.m. Please check this website for updates.

Important Documents

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