Summary Notice of Class Action Settlement
You may be entitled to a cash rebate if you purchased a Long-Term Food Kit from Wise Company LLC.
This notice affects you if you purchased one or more Wise Long-Term Food Kits during the period February 15, 2013 through December 31, 2017 in California. Pursuant to a proposed class action settlement, and subject to the approval of the Court, Wise has agreed to refund 20% of the purchase price of specified Long-Term Food Kits – an amount ranging from $15 to $1,400 per Eligible Product – to eligible customers. You must, however, submit a Claim Form to obtain a cash award from the Settlement. The Court authorized publication of this notice in addition to other notices you may have received.
This is a summary of the lawsuit and your rights. For more information, please visit the Settlement Website, www.wisefoodsettlement.com
,or call 1-866-447-1736.
What is the lawsuit about?
The Wise customers who brought the lawsuit (the “Plaintiffs”) allege that Wise misrepresented how long its Long-Term Food Kits would last and how many people they would feed. The suit is a class action, which means the Plaintiffs (“Class Representatives”) asked for relief not only for themselves, but for all similarly-situated California customers. Wise denies the allegations, but has agreed to provide its customers monetary compensation and to change certain language on its website and product packaging.
The case is called Miller v. Wise Company Inc., U.S. District Court, Central District of California, Case No. 5:17-cv-00616-JAK-PLA.
What benefits does the proposed settlement provide?
Wise has agreed to pay eligible customers a cash rebate (in the form of a check) of 20% of the actual (if documented) or average purchase price of specified Long-Term Food Kits that were purchased during the period February 15, 2013 through December 31, 2017 – a rebate of $15 to $1,400 per Eligible Product purchased; to make significant changes to its website and product packaging; to pay the costs of administering the Settlement; to pay Plaintiffs’ attorneys’ fees, costs, and expenses; and to pay each of the Class Representatives a “service award” of up to $3,000 each. The amount of the awards will be determined by the Court.
How can I get a payment?
Detailed information about the Settlement and the claim submission process is posted on the Settlement Website and can also be obtained by calling the Settlement Administrator. You must be a class member and submit a Claim Form on or before May 28, 2019 in order to receive a payment. You can download the Claim Form from the Settlement Website or call the Settlement Administrator to get one that you can mail.
What other options do I have?
If you would prefer not to be part of the Settlement and not get a payment, you have the right to exclude yourself from the Settlement. To do, you must submit a Request for Exclusion on or before by May 28, 2019. If you want to be part of the Settlement but to object to the Settlement terms, you or your attorney can submit written objections and may also appear at the fairness hearing discussed below. To do so, you must complete and submit your objection by May 28, 2019.
The Court will hold a hearing on July 15, 2019 to determine whether it will consider any objections, decide what fees to award, and decide whether to approve the Settlement.
Call 1-866-447-1736 or visit www.wisefoodsettlement.com