Frequently Asked Questions
Why was there a Notice?
The Court authorized sending the Notice because you have a right to know about the Judgment, and about your options. After the Claim Form deadline, the administrator will make the payments to Class members. This website will be updated to inform the Class of developments in this case.
The Notice explains the Judgment, what payments and other relief are available, and how to receive them. The Honorable Christopher G. Rudy of the Superior Court of The State of California, For the County of Santa Clara is presiding over this matter. The action is captioned People of the State of California v. Guthy-Renker, LLC, Case No. 19-cv-341980.
What is this Lawsuit about?
Plaintiffs allege Defendant violated a certain California Statute with regard to its automatic renewal or continuous service plans for Proactiv® products between July 9, 2014 to September 1, 2016 or Wen® products between May 9, 2012 to February 1, 2019. Defendant disputes the claims by the Plaintiffs and believes that Defendant’s business practices, and the information provided about them, are clear and understandable to customers and comply with all applicable laws.
SUMMARY OF THE SETTLEMENT
What was the Result of the Lawsuit?
Plaintiffs and Defendant have negotiated and agreed to a settlement including stipulating to the entry of a Final Judgment and Injunction Pursuant to Stipulation ("Judgment") prior to the taking of any proof and without trial or adjudication of any issue of fact or law.
What does the Judgment provide?
Defendant must establish a “Restitution Fund” depositing a minimum of One Million ($1,000,000.00) Dollars and a Maximum of Seven Million Three Hundred Seven Thousand Four Hundred Fifty ($7,307,450.00) Dollars to pay restitution to Class Members who file timely and valid claims.
Who is included in the Judgment Class?
If you are a California customer who enrolled through Guthy-Renker in a Proactiv® automatic renewal or continuous service plan from July 9, 2014 to September 1, 2016; or a Wen® automatic renewal or continuous service plan from May 9, 2012 to February 1, 2019. You must have been charged for at least one automatically-renewed cycle (1) without your knowledge; or (2) after you requested cancellation of an automatic renewal or continuous service plan, or a refund under such plan, which was denied or delayed so that at least one additional automatically renewed charge was made. Further, you must not have obtained a refund for all money paid (excluding shipping and handling costs); or received compensation related to the settlement in Amy Friedman v. Guthy-Renker LLC (C.D. Cal. Case No. 2:14-cv-06009-ODW-AGR).
If you are still not sure whether you are part of the Class, you can obtain further information by emailing the Administrator at Info@OrdersRenewalSettlement.com, calling the Toll-Free number dedicated to this matter or writing to the Court-appointed Administrator. (see FAQ 8 below)
How Do I Receive a Restitution Payment?
To receive a payment, you must timely submit a Claim Form online by clicking here or by mail. Inaccuracies in the information you provide will not automatically disqualify you from receiving a payment; however, it may take longer to process your claim. A Claim Form can be submitted online by clicking here or downloaded by clicking here.
How much will my payment be?
Subject to the maximum limit on the size of the Restitution Fund, each Class Member who submits a timely and valid Claim:
- shall receive a cash restitution payment of up to $20 for Proactiv® products.
- shall receive a cash restitution payment of up to $30 for Wen® products.
If the amount needed to pay all timely valid claims exceeds the maximum limit of the Restitution Fund, distributions will be reduced on a pro-rata basis.
When will I receive my Settlement Payment?
The Administrator will make every effort to process claims in a timely manner. After the processing is complete the parties have the opportunity to review the claims and challenge any claim, they feel is inappropriately or incorrectly included or excluded from the distribution. This process can take time, please be patient.
What if I do not want a payment?
If you do not wish to receive a payment, DO NOTHING and do not submit a Claim Form.
If you do nothing, you will not be eligible to participate in the distribution of Settlement benefits and any claims you may have against the defendants relating to the conduct alleged in the Complaint and Judgment will be released.
GETTING MORE INFORMATION
How do I get more information about the settlement?
The Notice summarizes the Final Judgment and Stipulation. You can find important documents from the case, including the Final Judgment and Stipulation, on the important documents page of this website.
If you have any questions or concerns, you can contact the Judgment Administrator by email at Info@OrdersRenewalSettlement.com or by writing to Orders Renewal Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
You should consult this Website often to become aware of any updates about this matter and claims process.