Question 1

Why was the Notice issued?

Accepted Answer

The Notice was issued because a court has conditionally “certified” this case as
a class action lawsuit for settlement purposes only and your rights may be
affected. If you purchased mattresses on tuftandneedle.com, and your purchases
were made from January 1, 2020 to December 31, 2024, while in the state of
California, you may have legal rights and options in this case. The Notice
explains all of these issues. The Superior Court of the State of California for
the County of San Diego is overseeing this class action. The case is known
as Emily Chebul v. Tuft & Needle, LLC, Case No. 25CU059198N (the “Action”).
The person who sued is called the Plaintiff. The company she sued is called the
Defendant.

Question 2

Why is this a class action?

Accepted Answer

In a class action, one or more people, called “Class Representatives” (in this
case Emily Chebul, the named “Plaintiff”), sue on behalf of all people who have
similar claims. Together, these people are called a Class or Class Members. One
court resolves the issues for all Class Members, except for those who
exclude themselves from the Class. Here, the Court has certified a class action
for settlement purposes only (the “Settlement Class”). More information about
why this is a class action can be found in the Court’s Preliminary
Approval Order, which is available here
[https://angeion-public.s3.amazonaws.com/www.tnpricesettlement.com/docs/Tuft+&+Needle+-+Order+Granting+Preliminary+Approval.pdf].

Question 3

Why is there a settlement?

Accepted Answer

The Court did not decide in favor of Plaintiff or Defendant. Plaintiff
thinks she would have prevailed at trial. Defendant thinks that Plaintiff would
not have won anything from a trial. But there was no trial. Instead,
both sides agreed to this Settlement. That way, both sides avoid the risk and
cost of a trial, and the Settlement Class Members will receive compensation. The
Class Representative and her attorneys think the Settlement is best for all
Class Members.

Question 4

What is the lawsuit about?

Accepted Answer

The lawsuit claims that Defendant deceptively advertised various discounts of
its products on its website, tuftandneedle.com. The lawsuit claims
that Defendant violated California consumer protection law, and also asserts
claims for quasi-contract/unjust enrichment, breach of contract, breach of
express warranty, intentional misrepresentation, and negligent
misrepresentation. Defendant denied these claims and denies any liability or
wrongdoing. More information can be found in the Class Action Complaint,
available here
[https://angeion-public.s3.amazonaws.com/www.tnpricesettlement.com/docs/Tuft+&+Needle+-+Complaint.pdf].

Question 5

How do I know if I am a part of the Settlement Class?

Accepted Answer

The Court has certified this case for settlement purposes only as
a class action. The Settlement Class consists of:

* All persons who purchased one or more mattresses advertised at a discount on
   Defendant’s website (tuftandneedle.com) while in the state of California,
   from January 1, 2020 to December 31, 2024.

Excluded from the Settlement Class are all persons who otherwise fit into the
Settlement Class definition but who canceled or received a refund for each of
their orders placed on Defendant’s website; all persons who validly opt out of
the Settlement in a timely manner; counsel of record (and their respective law
firms) for the Parties; experts retained by the Parties or their counsel of
record in connection with the Action or Federal Court Action; Defendant and any
of its parents, affiliates, subsidiaries, independent service providers and all
of their respective officers and directors; the presiding judge in the Action or
judicial officer presiding over the matter, and all of their immediate families
and judicial staff; and any natural person or entity that entered into a release
with Defendant prior to the Effective Date arising from the same
representations, advertising, marketing and/or sales on the Defendant’s website,
tuftandneedle.com, underlying the claims in the operative complaint in the
Action.

FAQs

Get the Answers You Need

BASIC INFORMATION

THE CLAIMS IN THE LAWSUIT

MEMBERS OF THE SETTLEMENT CLASS

THE SETTLEMENT AWARDS

THE LAWYERS REPRESENTING YOU

HOW TO CHOOSE YOUR SETTLEMENT AWARD

EXCLUDING YOURSELF FROM THE SETTLEMENT

OBJECTING TO THE SETTLEMENT

IF YOU DO NOTHING

THE COURT’S FINAL APPROVAL HEARING

GETTING MORE INFORMATION

BASIC INFORMATION

1. Why was the Notice issued?

2. Why is this a class action?

3. Why is there a settlement?

THE CLAIMS IN THE LAWSUIT

4. What is the lawsuit about?

MEMBERS OF THE SETTLEMENT CLASS

5. How do I know if I am a part of the Settlement Class?

THE SETTLEMENT AWARDS

6. What does the Settlement provide?

7. How much will my payment be?

8. What am I giving up to stay in the Settlement Class?

THE LAWYERS REPRESENTING YOU

9. Do I have a lawyer in this case?

10. Should I get my own lawyer?

11. How will the lawyers be paid?

HOW TO CHOOSE YOUR SETTLEMENT AWARD

12. How can I get compensation under the Settlement?

13. When would I receive compensation?

EXCLUDING YOURSELF FROM THE SETTLEMENT

14. How do I get out of the Settlement?

15. If I do not exclude myself, can I sue Defendant for the same thing later?

16. If I exclude myself, can I get compensation under this Settlement?

OBJECTING TO THE SETTLEMENT

17. How do I tell the Court that I do not agree with the Settlement?

18. What is the difference between objecting and excluding myself from the Settlement?

IF YOU DO NOTHING

19. What happens if I do nothing at all?

THE COURT’S FINAL APPROVAL HEARING

20. When and where will the Court decide whether to approve the Settlement?

21. Do I have to come to the hearing?

22. May I speak at the hearing?

GETTING MORE INFORMATION

23. Is this the entire Settlement?