FREQUENTLY ASKED QUESTIONS
Following is a list of frequently asked questions about this settlement.
What is the lawsuit about?
Plaintiff, Henry Lee (“Lee”), filed a class action lawsuit against Buth-Na-Bodhaige, Inc. d/b/a The Body Shop (“Defendant or The Body Shop”), which owns and/or operates The Body Shop stores in the United States. The Action alleges that Defendant willfully and intentionally violated the Fair and Accurate Credit Transactions Action of 2003 (“FACTA”). FACTA requires that all but the last five digits of a consumer’s debit or credit card number be deleted from the credit or debit card receipts presented to customers at the point of sale. Specifically, Lee alleges that Defendant violated FACTA by providing its customers with credit or debit card receipts displaying more than the last five digits of the card number.
Why is this a Class Action?
In a class action, one or more people referred to as Class Representatives (in this case there is only one, Henry Lee) sue on behalf of people with similar claims. All of these individuals are Settlement Class Members and together they constitute a Settlement Class. One court resolves the issues for all Settlement Class Members, excect for those who expressly exclude themselves from the Settlement Class.
Why is there a Settlement?
The Court did not decide in favor of Lee or The Body Shop. Lee believes he would have prevailed at trial, while The Body Shop maintains that Lee would not have prevailed at trial. There was no trial. Both sides have agreed to a settlement, as to avoid the risks inherent in trial, while simultaneously providing the affected Settlement Class Members with an opportunity to receive compensation. The Class Representative and the attorneys for the parties believe that it is in the best interest of all Class Members to settle the Action on the terms generally set forth herein, in order to avoid the uncertain outcomes, risks and delays associated with further litigation.
How do I know if I am part of the settlement?
For settlement purposes, the Court has certified a Class consisting of all people who meet the following definition:
All persons who used a debit or credit card to make a purchase at any of The Body Shop’s retail locations in the United States and whose electronically-printed receipt displayed more than the last five digits of that person’s debit or credit card number, during the period from April 23, 2014 to January 14, 2016.
If you receive Notice of the settlement by mail or email, according to The Body Shop’s records, you are a Settlement Class Member.
What can I get from this Settlement?
If the Court approves this settlement, you will receive a $12.00 gift card for use at The Body Shop. This gift card will be treated the same as cash, toward the purchase of any items for sale, including discount items and promotions, and which can be used to pay applicable tax on the purchase. The $12.00 gift card can be redeemed, either in whole or in part, at any of The Body Shop’s retail locations or online at www.thebodyshop.com/en-us/. The $12.00 gift card can be combined with any other transaction except for prior purchases and, once activated (which must be done within 175 days of the mailing of the gift card and activation code to you) will never expire.
When will I receive these benefits?
You will receive these benefits within approximately 30 days after the Court enters a Final Approval Order. This estimation is premised on the assumption that no objections are received and the Order is not appealed.
I want to be a part of the settlement. What do I do?
If you received a notice by email or mail, you do not need to do anything to be a part of the settlement. If you did not receive a notice by email or mail, but between April 23, 2014 and January 14, 2016 you used a debit or credit card to make a purchase at any of The Body Shop’s retail locations in the United States and the electronically-printed receipt displayed more than the last five digits of your debit or credit card number, you can file a claim to join the settlement.
What am I giving up to remain in the settlement?
By staying in the class, all of the Court’s orders will apply to you, and you give Defendant a “release.” A release means that you cannot sue or be part of any other lawsuit against Defendant about the claims or issues in this lawsuit regarding the display of debit or credit card numbers prior to the Class Closing Date.
How much will the Class Representative receive?
The Plaintiff, Henry Lee, will receive a payment of $4,000.00 for his services to the Settlement Class Members. This payment is subject to the Court’s approval.
How do I get out of the Settlement?
As a Class Member, you have the right to exclude yourself from the Settlement Class and the Settlement Agreement. This is referred to as Opting-Out. To exclude yourself from the settlement, you or your duly authorized agent must mail a letter stating that you want to be excluded from the Henry Lee v. Buth-Na-Bodhaige, Inc. d/b/a The Body Shop, Case No. 2017-L-000604. Be sure to include your name, address, telephone number and your signature.
You must mail your exclusion request so it’s postmarked no later than September 7, 2020, to the claims administrator:
The Body Shop FACTA Settlement
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
An opt-out notice that does not include all of the foregoing information or that is sent to an address other than the one designated in the Notice as noted above or that is not received within the time specified, shall be invalid. No Class Member, nor any person acting on behalf of or in concert or in participation with a given Class Member, may request the opt out of any other Class Member(s) from the Class.
If I exclude myself, do I still receive benefits from this settlement?
No, you will not receive anything resulting from the settlement, but you will have the right to assert the claims raised in this case against The Body Shop on your own. If you exclude yourself, the time you have in which to file your own lawsuit (called the “statute of limitations”) will begin to run again.
Do I have a lawyer in this case?
The Court has named Joshua C. Dickinson, Thomas W. Hayde and Robert L. Lash as Class Counsel. You will not be charged for these lawyers; however, they will receive a payment from the Defendant in an amount to be determined by and approved by the Court. If you want to be represented by your own lawyer, you may hire one at your own expense.
How will the lawyers be paid?
The Body Shop has agreed that Class Counsel is entitled to an award of reasonable attorney’s fees and expenses payable from The Body Shop. The Body Shop has agreed not to oppose Class Counsel seeking up to $500,000.00 in combined attorney’s fees and costs. The award is in addition to, and shall in no manner reduce, the amount of benefits due to the Settlement Class. Class Counsel intends to file an application for attorney’s fees, costs and expenses through Final Judgment. The attorney’s fees and costs will be paid by The Body Shop directly.
Is this a fair settlement?
Class Counsel believes that this settlement is fair, reasonable, adequate and in the best interests of the Settlement Class. In reaching this conclusion, Class Counsel has analyzed the benefits of the Settlement and the litigation risks that the Class Representative and Settlement Class Members face if the case were not settled, including, among other things, an adverse decision on class certification, an unfavorable outcome on the merits, as well as the expense and length of continued proceedings necessary to litigate this Action The claim asserted on behalf of the Settlement Class against The Body Shop is under FACTA. FACTA is a federal privacy protection statute which restricts the credit or debit card information that can be printed on a receipt and provides for both individual actions and class actions. FACTA damages are available for either a negligent violation or a willful violation. Plaintiff has not alleged a negligent violation in the Complaint. For a negligent violation, the person bringing the suit may recover only actual damages suffered whereas, for a willful violation, statutory damages of between $100.00 and $1,000.00 are to be awarded, and in the Court’s discretion, punitive damages. The person bringing the suit may also recover attorneys’ fees and expenses for prosecuting the suit, if the lawsuit is successful.
In this case each Class Member who does not opt-out or exclude themselves from the settlement will receive a $12.00 gift card.
What is the Defendant’s view of this settlement?
As stated elsewhere, by settling this lawsuit, The Body Shop is not admitting it has done anything wrong. The Body Shop expressly denies the claims asserted by the Plaintiff and denies all allegations of wrongdoing and liability.
How do I tell the Court I do not like this settlement?
If you are a Settlement Class Member, you can object to the settlement. In order to object to the settlement or any part of the settlement, you must timely send a letter (or legal brief) to Class Counsel at the addresses set forth below providing (a) your full name and address, (b) the words “Notice of Objection” or “Formal Objection”; and (c) set forth, in clear and concise terms, the legal and factual arguments supporting the objection to the proposed Settlement Agreement, including any legal support you wish to bring to the Court’s attention and a description of any evidence you wish to introduce in support of the objection. Class Counsel will be responsible for gathering and filing the objections with the Court. If you are objecting to the settlement, you may appear at the Final Approval Hearing. If you wish to appear and be heard, your objection must additionally state that you intend to appear at the Final Approval Hearing, your specific objections, and the name, address and telephone of any attorney who will speak or appear on your behalf.
Any objecting Class Member who fails to timely object in the manner prescribed in the Notice shall be deemed to have waived any objections, shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement Agreement, and shall waive their right to appear at the Final Approval hearing. An objector may withdraw their objection at any time.
You must mail your objection so that is it postmarked no later than September 14, 2020 to:
Class Counsel: Joshua C. Dickinson, Esq. and Thomas W. Hayde, Esq., Spencer Fane LLP, 1 North Brentwood Blvd., Suite 1000, St. Louis, MO 63105; Tel: (314) 863-7733; Fax: (314) 862-4656
Class Counsel: Robert L. Lash, Hur & Lash, LLP, 600 Sylvan Avenue, Suite 109, Englewood Cliffs, NJ 07632; Tel: (212) 468-5590; Fax: (212) 468-5599.
Where and When is the Final Approval Hearing?
The Court will hold a final approval hearing on November 4, 2020 in the courtroom of Judge Heinz M. Rudolf, 10 Public Sq., Belleville, Illinois 62220, Courtroom 403. The purpose of the hearing will be for the Court to determine whether the proposed settlement is fair, reasonable and adequate and in the best interests of the Settlement Class and to determine the appropriate amount of compensation for Class Counsel and the Class Representative. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement, assuming the objections have been properly filed as described in the Notice.
YOU ARE NOT REQUIRED TO ATTEND THIS HEARING TO BENEFIT FROM THE SETTLEMENT. The hearing may be postponed to a later date without notice.
How do I get more information about this settlement?
In addition to the contents of this website, you may call or write to Class Counsel:
Joshua C. Dickinson, Esq. and Thomas W. Hayde, Esq., Spencer Fane LLP, 1 North Brentwood Blvd., Suite 1000, St. Louis, MO 63105; Tel: (314) 863-7733; Fax: (314) 862-4656
Robert L. Lash, Hur & Lash, LLP, 600 Sylvan Avenue, Suite 109, Englewood Cliffs, NJ 07632; Tel: (212) 468-5590; Fax: (212) 468-5599.
DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF COURT OR THE JUDGE.