In re Tommie Copper
Products Consumer Litigation

Case No. 7:15-cv-03183-AT

U.S. District Court for the Southern District of New York

Frequently Asked Questions

I. BASIC INFORMATION

1. What is this lawsuit about?

The lawsuit alleges violations of consumer protection and warranty laws, and claims that Defendants misrepresented the ability of Tommie Copper Products to relieve pain, including arthritis and other chronic joint and muscular pain; aid in injury management; accelerate or speed muscle and joint recovery; and improve muscular power, strength, and endurance.

Tommie Copper denies it did anything wrong, and the Court has not made any ruling on the merits of the allegations of the lawsuit. Tommie Copper, however, has chosen to provide its customers with a cash payment and/or vouchers for Tommie Copper Products rather than spending additional money on litigation.

2. What Is A Class Action and Who Is Involved?

In a class action, one or more people, called Class Representatives (in this case William Lucero, Rhonda Boggs, Jerome Jeffy, and Sandy Kontura) represent the interests of people who have common claims that are more important than the issues that affect only individuals. All of these people are a Class or Class members. The named plaintiffs who sued are called the Plaintiffs. The company or persons they sued (in this case, Tommie Copper Inc., Tommie Copper Holdings, Inc., Thomas Kallish, and Montel Williams) are called the Defendants. One court resolves the issues for everyone in the Class – except for those people who choose to exclude themselves from the Class.

The Court has not decided in favor of either side in the case. Tommie Copper denies all allegations of wrongdoing or liability against it, and contends that its conduct was lawful. Defendants are settling to avoid the expense, inconvenience, and inherent risk of litigation, as well as the related disruption of its business operations. The Class Representatives and their attorneys assert that the settlement is in the best interests of the Class, because it provides an appropriate recovery now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals.

3. Why Is There a Proposed Settlement?

The Court has not decided in favor of either side in the case. Tommie Copper denies all allegations of wrongdoing or liability against it, and contends that its conduct was lawful. Defendants are settling to avoid the expense, inconvenience, and inherent risk of litigation, as well as the related disruption of its business operations. The Class Representatives and their attorneys assert that the settlement is in the best interests of the Class, because it provides an appropriate recovery now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals.

II. WHO IS IN THE PROPOSED SETTLEMENT

4. How Do I Know If I Am Part of the Proposed Settlement?

You are a Class Member if you purchased any Tommie Copper Products directly from Defendants though the internet, telephone or at the Tommie Copper retail location in Westchester, in the United States between April 11, 2011 and December 19, 2017, including:

  • Crew Compression Socks
  • Calf Compression Socks
  • Back Braces
  • Men’s Long Sleeve Compression Shirts
  • Women’s Long Sleeve Compression Shirts
  • Women’s Compression Tights
  • Wrist Compression Sleeves
  • Ankle Compression Sleeves
  • Calf Compression Sleeves
  • Elbow Compression Sleeves
  • Knee Compression Sleeves
  • Men’ s Compression Under-Shorts
  • Women’s Compression Shorts
  • Men’s Compression Shirts
  • Women’s Compression Shirts
  • Half Finger Compression Gloves
  • Full Finger Compression Gloves

Excluded from this definition are the following: (a) Tommie Copper employees, officers and directors, (b) persons or entities who purchased the Settlement Class Products for the purpose of re-sale, (c) retailers or re-sellers of the Settlement Class Products, (d) governmental entities, (e) persons who timely and properly exclude themselves from the Class as provided herein, (f) any natural person or entity that entered into a release with Defendant prior to the Effective Date concerning any of the Settlement Class Products, and (g) the Court, the Court’s immediate family, and Court staff.

III. THE PROPOSED SETTLEMENT BENEFITS

5. What Does the Proposed Settlement Provide?

Tommie Copper has agreed to create a cash settlement fund of $700,000. The fund will be used to pay class notice and administration costs, attorneys’ fees and expenses, Class Representative Incentive Awards, and cash payments to Class Members who submit a valid Claim Form.

The specific amount of cash that you may receive depends on the quantity of Tommie Copper Products you purchased, whether you have receipts, and the number of valid claims submitted.

You can choose to receive cash payments based on Tommie Copper product you purchased between April 11, 2011 and December 19, 2017, as follows:

  • For Settlement Class Members who provide a copy of the receipt or a retail rewards submission memorializing the purchase of the Class Products or your purchases appear in Defendant’s records (collectively “Proof of Purchase”), Tommie Copper will issue a monetary refund of $10.00 for every Tommie Copper Product purchased.
  • For Settlement Class Members who submit a valid Claim Form without Proof of Purchase, Tommie Copper will issue a monetary refund of $5.00 in cash. Settlement Class Members without Proof of Purchase can submit a maximum of one (1) claim, with a maximum of two (2) claims per household.
  • Alternatively or in lieu of receiving a cash payment, Settlement Class Members may apply their cash recovery to an on-line purchase of Tommie Copper products at www.tommiecopper.com. Settlement Class Members who apply their cash recovery to a product purchase will receive a 40% enhancement of the cash recovery good toward the purchase of Tommie Copper products (the “Cash Recovery Enhancement”). For example, if a Settlement Class Member presents written proof of purchase for two Products for a total cash recovery of $20.00, the Settlement Class Member would be entitled to a $28.00 ($20.00 + 40%) credit to apply toward the purchase of Tommie Copper products.

Subject to Court approval, Tommie Copper will also pay an incentive award not to exceed $1,000 to each of the five Class Representatives in this lawsuit.

IV. HOW YOU GET A PAYMENT — SUBMITTING A CLAIM FORM

6. How Can I Get a Payment From This Settlement?

Class members who wish to receive a payment must submit claims.

To submit a claim, you must complete a Claim Form. You can get complete and/or obtain a Claim Form online here. Read the instructions carefully, and submit it online on or before March 19, 2018.

Alternatively, you may also submit your Claim Form by mailing it to the following address: Tommie Copper Class Action Settlement, c/o Classaura Class Action Administration, 1718 Peachtree St #1080, Atlanta GA 30309. It must be postmarked no later than March 19, 2018.

Settlement Class Members will be paid in accordance with the following schedule:

(i) Within thirty (30) calendar days after the entry of a Final Approval Order and Judgment and exhaustion of any appeals, the Settlement Administrator will process direct credit or payment via any of the following options including either PayPal, Amazon, Venmo, or electronic Automated Clearing House (“ACH”) transactions.

(ii) If Settlement Class Members affirmatively opt for physical check payments, checks will be sent out 120 calendar days after entry of a Final Approval Order.

TO BE VALID, ALL CLAIMS MUST BE POSTMARKED OR SUBMITTED NO LATER THAN March 19, 2018.

8. What Do I Do If I Didn’t Get a Claim Form in the Mail or By E-mail?

If you did not receive a Claim Form in e-mail, you can obtain the Claim Form in one of three ways:

(1) Online: You can submit a claim form online here. You can also download and print a paper claim form here.

(2) By Phone: Call toll-free, (800) 683-9359

(3) By Mail: Write to Tommie Copper Class Action Settlement, c/o Classaura Class Action Administration, 1718 Peachtree St #1080, Atlanta GA 30309. Be sure to include your name and mailing address.

V. YOUR RIGHTS AND CHOICES – EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT

8. How Do I Get Out or Exclude Myself From the Settlement?

To exclude yourself from the settlement, which is sometimes call “opting-out” of the Class, you must send a letter by mail or submit a form through the Settlement Website saying that you want to be excluded from this lawsuit. To exclude yourself from the Class, you must either (i) send a written request for exclusion that is received no later than March 19, 2018, to: Tommie Copper Class Action Settlement, c/o Classaura Class Action Administration, 1718 Peachtree St #1080, Atlanta GA 30309, or (ii) submit a form online through the Settlement Website no later than March 19, 2018.

Your request for exclusion must contain: (1) the name of this lawsuit, “In re Tommie Copper Products Consumer Litigation, Case Number 7:15-cv-03183-AT; (2) your full name and current address; (3) a clear statement of intention to exclude yourself such as “I wish to be excluded from the Class”; and (4) your signature. You may also get an Exclusion Request Form at http://www.TommieCopperSettlement.com.

You cannot exclude yourself on the phone or by e-mail. If you ask to be excluded, you will not get any settlement benefits, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Tommie Copper in the future.

9. If I Don’t Exclude Myself, Can I Sue Tommie Copper for the Same Things Later?

No. If you do not properly and timely submit a request for exclusion, you waive your right to opt out and will be deemed to be a member of the Class. Unless you exclude yourself, you give up the right to sue Defendants for the claims that this settlement resolves, and you will be bound by the terms of this settlement. If you have a pending lawsuit against Defendants, other than this class action, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, any exclusion request must be signed, mailed, and postmarked by March 19, 2018.

10. If I exclude myself, can I get the Settlement Benefits from this settlement?

No. If you exclude yourself, do not send in a claim form to ask for any money. But, you may sue, continue to sue, or be part of a different lawsuit against Tommie Copper.

VI. YOUR RIGHTS AND CHOICES – OBJECTING TO THE PROPOSED SETTLEMENT

11. How Do I Tell the Court That I Don’t Like the Proposed Settlement?

If you are a Class member, you can object to the settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views.

To object, you must send a letter that contains the following:

1) The name of this lawsuit, In re Tommie Copper Products Consumer Litigation, Case Number 7:15-cv-03183-AT;

2) Your full name, address, and telephone number;

3) a statement of your membership in the Settlement Class, including all information required by the Claim Form;

4) a written statement of your objection and the reasons for each objection, accompanied by any legal support for such objection;

5) copies of any papers, briefs, or other documents upon which your objection is based;

6) a list of all persons or witnesses you want to call to testify;

7) If you (or your lawyer) want to appear and speak at the Fairness Hearing, a statement that you wish to appear and speak;

8) a list of the exhibits that you may offer during the fairness hearing, along with copies of such exhibits; and

9) your signature.

In addition, you include with your objection (i) the identity of all counsel who represent you, including former or current counsel who may be entitled to compensation for any reason related to the objection; (ii) a detailed list of any other objections submitted by you, or your counsel, to any class actions submitted in any court, whether state or federal, in the United States in the previous five (5) years.

Your objection must be signed, mailed along with any supporting documents, that is received no later than March 19, 2018 to the Court at:

Attn: In re Tommie Copper
The Honorable Analisa Torres
United States District Court for the Southern District of New York
500 Pearl Street, Room 2210
New York, NY 10007

Copies of your objection must also be signed, mailed along with any supporting documents, documents that is received no later than March 19, 2018 to the following two addresses:

Counsel for the Class:
Ronald A. Marron
The Law Offices of Ronald A. Marron
651 Arroyo Drive
San Diego, California 92103
Telephone: (619) 696-9006
Email: ron@consumersadvocates.com

Counsel for Defendant Tommie Copper:
Michael Mallow
Sidley Austin LLP
555 West Fifth Street, Suite 4000
Los Angeles, CA 90013
Telephone (213) 896-6666
Email: mmallow@sidley.com

If you object through a lawyer, you will have to pay for the lawyer yourself.

12. What’s the difference between objecting and excluding?

Objecting is simply telling the Court you do not like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

VII. YOUR RIGHTS AND CHOICES – APPEARING IN THE LAWSUIT

13. Can I Appear or Speak In This Lawsuit and Proposed Settlement?

As long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself in this lawsuit and Proposed Settlement. This is called making an appearance. You can also have your own lawyer appear in court and speak for you, but you will have to pay for the lawyer yourself.

14. How Can I Appear in This Lawsuit?

If you want yourself or your own lawyer (instead of Class Counsel) to participate or speak for you in this lawsuit, you must give the Court a paper that is titled a “Notice of Appearance.” The Notice of Appearance must contain the title of the lawsuit, a statement that you wish to appear at the Fairness Hearing, and the signature of you or your lawyer.

Your Notice of Appearance can also state that you or your lawyer would like to speak at the Court’s Fairness Hearing on the Proposed Settlement. If you submit an objection (see question 12 above) and would like to speak about the objection at the Court’s Fairness Hearing, both your Notice of Appearance and your objection should include that information.

Your Notice of Appearance must be signed, mailed and postmarked by April 10, 2018, to the Court at:

Clerk of Court
U.S. District Court
Southern District of New York
500 Pearl Street
New York, New York 10007

Copies of your Notice of Appearance must also be mailed to the same three addresses in question 11.

VIII. IF YOU DO NOTHING

15. What Happens If I Do Nothing At All?

If you do nothing, you will get no settlement benefits from this settlement. But, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Tommie Copper about the subject matter of this lawsuit, ever again.

IX. THE LAWYERS REPRESENTING YOU

16. Do I Have a Lawyer In This Case?

The Court has appointed Ronald A. Marron, APLC, Faruqi & Faruqi, LLP, and Vozzolo LLC as legal counsel for the Class. Together, the law firms are called Class Counsel. You will not be charged for these lawyers.

17. How Will The Lawyers Be Paid?

From the inception of the litigation in 2015 to the present, Class Counsel has not received any payment for their services in prosecuting the case or obtaining settlement, nor have they been reimbursed for any out-of-pocket expenses they have incurred. When they ask the Court to approve the settlement, Class Counsel will also make a motion to the Court for an award of attorneys’ fees and reimbursement of expenses, in a total amount of up to 33.3% of the Settlement Fund. No matter what the Court decides with regard to the requested attorneys’ fees, Class members will never have to pay anything toward the fees or expenses of Class Counsel. Class Counsel will seek final approval of the settlement on behalf of all Class members. You may hire your own lawyer to represent you in this case if you wish, but it will be at your own expense. Class Counsel may also request that an amount be paid to each of the Class Representatives who helped the lawyers on behalf of the whole Class (known as an “incentive award”).

X. THE COURT’S FAIRNESS HEARING

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

The United States District Court for the Southern District of New York (the “Court”) will hold a hearing (the “Fairness Hearing”) at the Federal Courthouse located at the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007 on May 1, , 2018 (11:00 a.m.) to decide whether the settlement is fair, reasonable, and adequate and to determine the amount of attorneys’ fees and costs and incentive fee awards. If there are objections, the Court will consider them. The Court may also discuss Class Counsel’s request for an award of attorneys’ fees and reimbursement of costs. After the hearing, the Court will decide whether to approve the settlement and whether to grant Class Counsel’s request for attorneys’ fees and expenses. We do not know how long these decisions will take.

19. Do I have to come to the hearing?

No. Class Counsel is working on your behalf and 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 mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

XI. FINAL SETTLEMENT APPROVAL

20. What is the effect of final settlement approval?

If the Court grants final approval of the settlement, all members of the Class will release and forever discharge any and all claims or causes of action that have been, might have been, are now, or could have been brought relating to the transactions, actions, conduct and events that are the subject of this action or settlement, arising from or related to the allegations in the complaint filed in the Action or Defendants’ marketing, advertising, promoting or distributing of Tommie Copper Products.

If the settlement is not approved, the case will proceed as if no settlement had been attempted. There can be no assurance that if the settlement is not approved and litigation resumes, the Class will recover more than is provided for under the settlement, or will recover anything.

XII. GETTING MORE INFORMATION

21. Are there more details about the settlement?

This Notice is only intended to provide a summary of the proposed settlement. You may obtain the complete text of the settlement at www.TommieCopperSettlement.com, by writing to the Claims Administrator (at the address listed above), or from the court file, which is available for your inspection during regular business hours at the Office of the Clerk of the United States District Court for the Southern District of New York, U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York, 10007, under the Civil Action Number 7:15-cv-03183-AT.

Visit the website, at http:// www.TommieCopperSettlement.com, where you will find the Plaintiff’s Complaint, a Claim Form and an Exclusion Request Form. You may also contact Class Counsel by email at ron@consumersadvocates.com, or by writing to Tommie Copper Class Action Settlement, c/o Classaura Class Action Administration, 1718 Peachtree St #1080, Atlanta GA 30309.

PLEASE DO NOT CALL OR DIRECT ANY INQUIRIES TO THE COURT.

This Notice is given with the approval and at the direction of the Court.