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Hydroxatone Class Action Lawsuit Settlement

 

Award (how much your claim may be worth): You can receive a cash refund or free products from the Hydroxatone class action settlement.

 

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Class Action Lawsuit Settlement Case(s): Susan Sabol, et al. v. Hydroxatone LLC, et al., Case No. 11-cv-04586-KM-MAH, U.S. District Court for the District of New Jersey.

 

Company(ies): HYDROXATONE, LLC; ATLANTIC COAST MEDIA GROUP, LLC.

 

Hydroxatone product class action lawsuit settlement

 

 
 
 
 
 
 
 
 
Website of the Class Action Lawsuit Settlement Administrator (FILE YOUR CLAIM HERE): www.HydroxatoneSettlement.com

 

Address to submit a claim form (REQUIRED):

 

To receive your cash refund from the Hydroxatone product class action lawsuit settlement, you must submit a Claim Form either online at www.HydroxatoneSettlement.com or to the following address no later than August 15, 2013:
 
Hydroxatone Settlement Administrator
c/o Gilardi & Co., LLC
P.O. Box 8090
San Rafael, CA 94912-8090

 

Phone Number to call for assistance: (888) 267-3071

 

Details: The Hydroxatone settlement will resolve a class action lawsuit (Susan Sabol, et al. v. Hydroxatone LLC, et al.) alleging, among other things, that defendants Hydroxatone LLC and Atlantic Coast Media Group LLC:

 

 

  • failed to adequately disclose the terms of their “Risk Free Trials” and “Auto-Shipment Programs;”
  • refused to refund customers who timely returned Hydroxatone products;
  • failed to allow consumers to timely cancel Hydroxatone Preferred-Customer BeauyAuto-Shipment Program memberships’ and failed to cease billing consumers for Hydroxatone products after they cancelled their memberships.

 

Defendants deny the allegations but have agreed to resolve the litigation by establishing a $3 million class action lawsuit settlement fund to refund eligible consumers, as well as provide up to $4 million in free Hydroxatone products.

 

Class Members of the Hydroxatone class action settlement include all U.S. residents who between January 1, 2005 and March 28, 2013 paid for, and/or were charged for Hydroxatone-branded products, and/or were charged shipping and processing fees in connection with a Risk-Free Trial and/or Auto-Shipment Program.

 

These Hydroxatone-branded products include, but are not limited to: Hydroxatone, Celtrixa, Hydrolyze, Declatone, Lashatone, Instant Effect, Luminique, Instant Wrinkle Filler, and Orexis.

 

Class Members are divided into two groups:

 

Group One

 

You are a Member of this Group if you are a Settlement Class Member who (i) tried to, attempted to, made efforts to, or took any actions designed to return Risk-Free Trial product(s) and/or Auto-Shipment Program product(s) and paid more than shipping and processing and/or return postage in connection with such product and/or received additional shipments of product for which you paid, OR (ii) cancelled and/or attempted to cancel your Auto-Shipment Program memberships but received additional shipments of product for which you paid more than shipping and processing and/or return postage.

 

If you are a member of Group One, you will be eligible to receive your choice of either a pro rata share of the Net Settlement Fund (the “Cash Benefit”) or a “Product Benefit.”

 

A “Cash Benefit” for Group One Settlement Class Members will be made to Approved Claimants in the following amounts:

 

  • A Claimant who spent more than $200 with Defendants after all prior refunds will be eligible to receive (subject to a pro rata reduction) $100.
  • A Claimant who spent between $100 and $200 with Defendants after all prior refunds will be eligible to receive (subject to a pro rata reduction) $75.
  • A Claimant who spent less than $100 with Defendants after all prior refunds will be eligible to receive (subject to a pro rata reduction) $40.

 

The Cash Benefit will be subject to a pro rata reduction if the total Approved Claims exceed the Net Settlement Fund. In the event that all Claims are paid for by the Net Settlement Fund, without any pro rata reduction, no funds will revert to Defendants.

 

OR

 

A “Product Benefit” for Group One Settlement Class Members will be made to Approved Claimants in the following manner:

 

A Claimant who spent more than $150 with Defendants after all prior refunds will receive their choice of one of the following products:

 

  • Luminique Facial Brightener 3 oz. (Retail Price $49.95)
  • Sunsoak Age-Defying Self Tanner 1 oz. (Retail Price $59.95)
  • Pore Minimizer Serum 1 oz. (Retail Price $59.95)
  • Instant Wrinkle Filler 30 Day Boxes (Retail Price $59.95)
  • Instant Effect 30 Day Boxes (Retail Price $59.95)
  • Celtrixa Stretchmark Lotion- Original Formula (Retail Price $59.95)

 

A Claimant who spent $150 or less with Defendants after all prior refunds will receive their choice of one of the following products:

 

  • Hydroxatone Anti-aging Body Lotion by Celtrixa (Retail Price $19.95)
  • Declatone Deluxe Sample for Retail 0.5 oz (Retail Price $29.95)
  • Hydroxatone Gentle Milky Cleanser 3 oz. (Retail Price $39.95)
  • Hydroxatone Age Defying Toner 3 oz. (Retail Price $39.95)
  • Keracalm (Retail Price $39.95)

 

If you choose the Product Benefit, shipping and processing charges will be paid for you from the Cash Fund and you will pay nothing for the products which you request (so long as there is a sufficient amount in the Cash Fund; otherwise this will be subject to pro rata reduction). Defendants reserve the right to substitute products based upon supply.

 

Group Two

 

You are a Member of this Group if you are a Settlement Class Member, but are not a member of Group One.

 

If you are a member of Group Two, you will be eligible to receive a Product Benefit, which will be your choice of one of the following products:

 

  • Hydroxatone Anti-aging Body Lotion by Celtrixa (Retail Price $19.95)
  • Declatone Deluxe Sample for Retail 0.5 oz. (Retail Price $29.95)
  • Hydroxatone Gentle Milky Cleanser 3 oz. (Retail Price $39.95)
  • Hydroxatone Age Defying Toner 3 oz. (Retail Price $39.95)
  • Keracalm (Retail Price $39.95)

 

If you choose the Product Benefit, shipping and processing charges will be paid for you from the Cash Fund and you will pay nothing for the products which you request (so long as there is sufficient amounts in the Cash Fund; otherwise this will be subject to a pro rata reduction). Defendants reserve the right to substitute products based upon supply.

The deadline to submit a claim for the Hydroxatone class action settlement is August 15, 2013.

 

Eligible claims will be paid only if and when the settlement becomes effective. A hearing is set for July 16, 2013 to determine whether or not to approve the class action lawsuit settlement.

 

Claim Forms and more information on your rights in the Hydroxatone Class Action Lawsuit Settlement can be found at www.HydroxatoneSettlement.com.

 

The case is Susan Sabol, et al. v. Hydroxatone LLC, et al., Case No. 11-cv-04586-KM-MAH, U.S. District Court for the District of New Jersey.

 

 

Products purchased between: January 1, 2005 to March 28, 2013

 

Claims must be postmarked by: 8/15/13

 

Settlement Administrator(s): Gilardi & Co., LLC

 

Class Counsel:

 

COHEN MILSTEIN SELLERS & TOLL PLLC

 

MCLAUGHLIN & STERN, L.L.P.

 

LAW OFFICE OF ANGELA EDWARDS

 

Defense Counsel:

 

KELLEY DRYE & WARREN LLP


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17 Comments

  • Wanda Rebiejo August 14, 2013

    I bought Hydroxitone every few months on an auto ship and never received any notification about is lawsuit. I don’t have a claim number to file.

  • Kathy August 26, 2013

    Any new info on $$$

  • Angel in CALIFORNIA September 20, 2013

    THE COURT HAS NOT MADE A DECISION ON THIS SETTLEMENT.

  • robin October 16, 2013

    Just received e mail yesterday. They can not find my purchase in database. So I am rejected. Thousands others will be soon.

  • Tamara Vidato November 16, 2013

    I have not yet received my check and I paid over $300 to this company. Any updates as of yet?

  • Carol Pearson December 4, 2013

    My # is HDSB1-12475665-4
    My Pin is: VXE2NYQH I have not received any notifications since I timely filed my claim. Can you please tell me if I am still elegible to received funds. Thank you very much.

  • Curious January 6, 2014

    Any checks yet?

  • Roxiee Marie January 6, 2014

    No check here, haven’t heard a peep….

  • Holly January 24, 2014

    Any updates?

  • ANGEL IN CALIFORNIA February 5, 2014

    I GOT A CHECK TODAY FOR $52.10. THANKS C.A. FOR KEEPING US INFROMED. NOW! I CAN PUT SOME GAS IN MY VAN. THANK YOU GOD!

  • shell February 6, 2014

    no checks here either from north carolina

  • Carol February 7, 2014

    No one has gotten a check…. They have not been released!

  • Carol February 7, 2014

    I was wrong…. They have been issued!

    • ton March 2, 2014

      I got a product in the mail yesterday that was worth 19.95 (really nothing) A skin conditioner. For all the headaches with this company, free samples that cost $80, where is the money.

      • carol March 4, 2014

        That is my question. They said they paid all claims at the beginning of Feb but no one is claiming to have received a payment

        • ton March 5, 2014

          Hard to believe a company that gives free samples that cost $80 and keeps sending products after cancellations. My fear now is they will start sending me more of the product I just received and didn’t ask for and start charging me again.

          • ton March 15, 2014

            UPDATE: Checks and products were mailed in early February 2014 to eligible claimants. You do not need to verify the authenticity of the check you received in this matter. Please allow 3-4 weeks for delivery.
            I Believe they lied to us about checks

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