Hightree v. Amplify, Ltd.

 Superior Court for the State of California County of Santa Barbara |  Case No. 20CV01532


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**Update** The Final Approval Hearing has been continued to March 23, 2021.


If you bought Cel MD cosmetics products, including the Microstem Shampoo, Microstem Conditioner, Microstem Hair Stimulation Serum, Stem Cell Shampoo, Stem Cell Conditioner, Microstem Hair Thickening Mask, Advanced Hair Supplement, Nail Serum, Brow & Lash Booster, Nail Formula, Protective Skin & Lip Moisturizer, Complete Collagen + MCT, SPF 30 Skin Moisturizer, Stem Cell Face Mask, Neck & Decolletage Cream, or Nail & Cuticle Oil between March 20, 2016 and February 1, 2021, then you could be entitled to money from a class action settlement.

PARA VER EL AVISO DE FORMA LARGA EN ESPAÑOL POR FAVOR HAGA CLIC AQUÍ.


WHAT IS THIS SETTLEMENT ABOUT?
A lawsuit pending in the Superior Court of California County of Santa Barbara (“Litigation”) may affect your rights. The Litigation alleges that Amplify, Ltd. (“Defendant” or “Amplify”) advertises certain cosmetic products, including the Microstem Shampoo, Microstem Conditioner, Microstem Hair Stimulation Serum, Stem Cell Shampoo, Stem Cell Conditioner, Cel MD Microstem Hair Thickening Mask, Advanced Hair Supplement, Nail Serum, Brow & Lash Booster, Nail Formula, Protective Skin & Lip Moisturizer, Complete Collagen + MCT, SPF 30 Skin Moisturizer, Stem Cell Face Mask, Neck & Decolletage Cream, or Nail & Cuticle Oil (“Covered Products”) in a false, misleading, and deceptive manner. In particular, the Litigation alleges that marketing claims related to hair growth, hair loss prevention, the presence of stem cells in the products, skin tightening, and other claims regarding the products are deceptive. The Complaint alleges that Amplify’s conduct amounts to breach of implied and express warranty, unjust enrichment, and violates the California Consumers Legal Remedies Act, Cal. Civ. Code. § 1750 et. seq., the California Unfair Competition Law, Cal. Bus. & Prof. Code. § 17200 et seq., and the California False Advertising Law, Cal. Bus. & Prof. Code § 17500. Amplify denies the allegations in the Litigation, denies any wrongdoing, and denies that the claims against it in the Litigation are appropriate for class treatment, as opposed to arbitration on an individual basis. The Court has not ruled in favor of Plaintiff or Defendant. The parties instead agreed to enter into a settlement agreement.

AM I A MEMBER OF THE CLASS?
The class is defined as all persons residing in the United States who purchased one or more Covered Products between March 20, 2016 and February 1, 2021. For a list of the Covered Products, click here.

WHAT DOES THE SETTLEMENT PROVIDE?
With Court approval, the settlement provides cash payments. Class Members with proof of purchase may submit a claim to receive $5.00 per Covered Product purchased. Class Members who do not have a receipt may submit a claim to receive $5.00 per Covered Product purchased, up to a maximum of $10.00. Cash payouts will be adjusted pro rata up or down in the event of under-or over-subscription, respectively, of the Settlement Fund. Any amounts remaining in the Settlement Fund after checks are issued and cashed or expired will be paid to a non-profit organization approved by the Court, and will not revert to Defendant. The Settlement also requires Defendant to stop using certain claims that the Plaintiff in the Litigation alleges are false, deceptive, and misleading advertising claims.

THE FAIRNESS HEARING
On March 2, 2021 at 10:00 a.m., the Court will hold a hearing at the Superior Court of California County of Santa Barbara to approve: (1) the proposed settlement as fair, reasonable, and adequate; and (2) the application for Plaintiff’s attorneys’ fees up to one-third of the total amount of funds available under the settlement, $251,095.00, plus costs and litigation expenses, and payment of up to $5,000 in total to the Class Representative. Class Members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval

HOW CAN I GET MORE INFORMATION?
To read the detailed notice, please click here. If you have questions or want to view other documents about the Litigation, including the Settlement Agreement, you may visit the Court Documents tab or contact Class Counsel at info@clarksonlawfirm.com , or call the Settlement Administrator at 1-(888) 470-1116.



YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A VALID CLAIM BY February 1, 2021 The only way to get a cash payment, if you qualify. To file a Claim Form, click here.
EXCLUDE YOURSELF FROM THE CLASS BY February 1, 2021 Receive no cash payments. This is the only option for you to exclude yourself from this lawsuit, hire your own attorney, and retain your right to sue Amplify in a future lawsuit arising out of the same claims.
OBJECT TO THE SETTLEMENT BY February 1, 2021 Submit a written objection explaining why you do not like the Settlement and think it should not be approved. You must file your objection with the Court. If you submit an objection, you may also speak at the Court’s Final Approval Hearing to explain your position. You are not required to attend the hearing. The hearing will take place on March 2, 2021 at 10:00 a.m. PT at the California Superior Court for the County of Santa Barbara.
DO NOTHING You will not receive any cash payments. You will be bound by the terms of the settlement agreement, and you will give up your right to be part of any other lawsuit against Amplify about the claims in this case.





CPT GROUP, Inc.

50 Corporate Park, Irvine, CA 92606

CONTACT INFORMATION

Toll-Free Class Member Support:
1-888-470-1116


Case Email:
CelMDSettlement@cptgroup.com

Copyright 2018 CPT Group, Inc. All Rights Reserved.