A federal court authorized this Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. This website explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The Honorable Douglas R. Cole of the United States District Court for the Southern District of Ohio is overseeing this class action. The lawsuits involved are Hawes v. Macy's West Stores, Inc., Case No. 1:17-cv-00754 and Chiaraluce v. Macy’s Inc. et al., Case No. 2:20-cv-00081, pending consolidation. The people that filed this lawsuit are called the “Plaintiffs” and the companies they sued, Macy’s Inc., Macy’s Retail Holdings, Inc. n/k/a Macy’s Retail Holdings, LLC, Macy’s West Stores, Inc. n/k/a Macy’s Retail Holdings, LLC, and Macys.com, LLC (collectively “Macy’s”) are called the “Defendants.”
This lawsuit alleges that the CVC Sheets sold by Macy’s were falsely and deceptively labeled in that the thread count listed on the packaging was incorrect (higher than it actually was) and that as a result the Plaintiffs each paid more for the CVC Sheets than they were worth and what they would have otherwise paid for the sheets. The Defendants deny all allegations of fault, wrongdoing, or liability made in the Litigation, and deny that the CVC Sheets they sold were mislabeled, defective, or misrepresented in any way.
In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Class Representatives” or “Named Plaintiffs.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Named Plaintiffs Sara Hawes, Cassandra Chiaraluce, and Jonathan Fontaine.
The Court did not decide in favor of the Plaintiffs or the Defendants. The Defendants deny all claims and deny that they violated any law. Plaintiffs and Defendants agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Settlement Class Members to receive payments from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Settlement Class Members.
WHO IS IN THE SETTLEMENT
The Settlement Class includes all persons who purchased one or more CVC Sheets supplied by AQ Textiles, LLC from a Macy’s store in the United States or Guam or on www.macys.com between November 8, 2013 and March 24, 2023, inclusive.
Yes. The Settlement Class does not include: (i) All individuals and entities who timely opt-out of this Settlement under Federal Rule of Civil Procedure 23; (ii) Defendants’ employees, directors, and officers; (iii) The Judge to whom this case is assigned and any member of the Judge’s immediate family; and (iv) Any member of the Court’s staff.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing or writing to Claims Administrator at:
CVC Sheets Claims Administrator
1650 Arch St, Ste 2210
Philadelphia, PA 19103
You may also view the Class Action Settlement Agreement in the important documents tab here.
If the Settlement is approved by the Court, Defendants will pay ten million, five hundred thousand dollars ($10,500,000) into a Settlement Fund. After payment of Attorneys’ Fees and Costs, Incentive Payments for the Named Plaintiffs, and Administrative Expenses, the funds remaining from the Settlement Amount to pay all Eligible Claims.
All members of the Settlement Class in one of the categories below who submit an Eligible Claim are eligible to receive monetary relief as set forth below. No payments will be made to any members of the Settlement Class who do not submit an Eligible Claim.
- Members of the Settlement Class verified from Defendants’ records as actual purchasers of CVC sheets will receive $7.50 per unit of CVC Sheets purchased unless reduced as described below.
- Members of the Settlement Class who provide proof of purchase through a receipt will receive $7.50 per unit of CVC Sheets for which proof of purchase is provided unless reduced as described below.
- Members of the Settlement Class who attest under penalty of perjury that they purchased a unit of CVC Sheets and who do not fall within paragraph 6.1.1. or 6.1.2. will receive $2.50 unless reduced as described below. That amount is capped at $2.50 per Household. These members are not eligible to participate in any second distribution.
If, after payment of Attorneys’ Fees and Costs, Incentive Payments, and Administrative Expenses, there are insufficient funds remaining from the Settlement Amount to pay all Eligible Claims in full, the payments will be reduced on a pro rata basis.
The deadline to opt-out of the settlement has passed. You cannot sue, continue to sue, or be part of any other lawsuit against the Defendants with respect to any of the legal claims released and resolved in this Settlement. The “Release” section in the Class Action Settlement Agreement describes the legal claims that you give up (“Released Claims”) if you remain in the Settlement Class. The Class Action Settlement Agreement can be found in the important documents tab here.
HOW TO GET A PAYMENT - MAKING A CLAIM
You may file a claim if you are a person who purchased one or more CVC Sheets supplied by AQ Textiles, LLC from a Macy’s store in the United States or Guam or on www.macys.com in the United States who purchased from Macy’s one or more CVC Sheets supplied by AQ Textiles, LLC between November 8, 2013 and March 24, 2023.
Claim Forms may be submitted online in the "Submit A Claim" tab here, or printed from the important documents tab here and mailed to the Claims Administrator at: CVC Sheets Claims Administrator, 1650 Arch St, Ste 2210, Philadelphia, PA 19103.
You may also contact the Settlement Administrator to request a Claim Form by telephone 1-844-483-0488, by email firstname.lastname@example.org, or by U.S. mail at CVC Sheets Claims Administrator, 1650 Arch St, Ste 2210, Philadelphia, PA 19103.
If you submit a claim by U.S. mail, the completed and signed Claim Form must be postmarked no later than one hundred eighty (180) calendar days after the Effective Date. If submitting a Claim Form online, you must do so by 6:00 p.m. ET no later than one hundred eighty (180) calendar days after the Effective Date.
The Court has held a Final Approval Hearing for the Settlement of this case on October 20, 2023 at 10:00 a.m. ET to consider: (1) whether to approve the Settlement; (2) any objections; (3) the requests for Incentive Payments to the Named Plaintiffs; and (4) the request for an award of attorneys’ fees and costs to Plaintiffs’ Counsel for their work in this litigation. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed as soon as possible if the Court grants Final Approval of the Settlement and after any appeals are resolved.
The briefs and declarations in support of the Final Approval of the Settlement and the requests described above will be posted on the important documents tab here, after they are filed. Please review the Settlement Website for any updated information regarding the final hearing.
THE LAWYERS REPRESENTING YOU
Yes. The Court has appointed Stuart L. Cochran of Cochran Law PLLC, Charles LaDuca of Cuneo Gilbert & LaDuca LLP, Drew T. Legando of Merriman Legando Williams & Klang, LLC, Michael A. McShane of Audet & Partners LLP, and Charles E. Schaffer of Levin Sedran & Berman to represent the Settlement Class as Class Counsel (“Plaintiffs’ Counsel”). You will not be charged for their services.
You do not need to hire your own lawyer because Plaintiffs’ Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.
Plaintiffs’ Counsel will ask the Court for an award of attorneys’ fees not to exceed 33 and 1/3 % of the Settlement Fund, as well as reasonable expenses incurred in the litigation. They will also ask the Court to approve Incentive Payments Award for each of the Named Plaintiffs not to exceed $3,500 each. The Court may award less than these amounts. If approved, these fees, costs and awards will be paid from the Settlement Fund.
EXCLUDING YOURSELF FROM THE SETTLEMENT
The deadline to opt-out of the settlement has passed on September 6, 2023. No further submissions will be accepted.
COMMENTING ON OR OBJECTING TO THE SETTLEMENT
The deadine to object has passed on September 6, 2023. No further submissions will be accepted.
Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
THE COURT FINAL APPROVAL HEARING
The Court held a Final Approval Hearing on October 20, 2023 at 10:00 a.m. ET. The hearing will be located in the Courtroom of Judge Douglas R. Cole, Room 805.
Approval by the Court of the Settlement is pending.
Please check the Settlement Website for any updates.
The Final Approval Hearing was held on October 20, 2023 at 10:00 a.m., ET. and approval by the Court of the Settlement is pending.
IF I DO NOTHING
If you are a Settlement Class Member and you do nothing, you will give up the rights explained in Question 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendants and the Released Parties about the legal issues resolved by this Settlement. In addition, you will not receive a payment from this Settlement.
GETTING MORE INFORMATION
This FAQ summarizes the proposed Settlement. Complete details are provided in the Class Action Settlement Agreement. The Class Action Settlement Agreement and other related documents are available in the important documents tab here.
If you have additional questions, you may contact the Claims Administrator by email, phone, or mail:
Mail: CVC Sheets Claims Administrator, 1650 Arch St, Ste 2210, Philadelphia, PA 19103
Publicly filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Southern District of Ohio or reviewing the Court’s online docket.
Please do not contact the Court, its Clerks, or the Defendants to inquire about the Settlement or the Claims Process.