Lee v. The Body Shop Settlement

Henry Lee v. Buth-Na-Bodhaige, Inc., d/b/a The Body Shop, S.D.N.Y.
United States District Court, Southern District of New York, Case No: 1:16-cv-01104-LTS

Frequently Asked Questions

Following is a list of frequently asked questions about this settlement. To view the answer to a question, please click on the question from the list below. The answers to these questions will be updated periodically to reflect the current status of the settlement.

  1. What is this lawsuit about?

    Plaintiff, Henry Lee (“Lee”), filed a class action lawsuit against Buth-Na-Bodhaige, Inc., d/b/a The Body Shop (“Defendant”), which owns and/or operates The Body Shop stores in the United States. The Action alleges that Defendant willfully and intentionally violated the Fair and Accurate Credit Transaction Act (15 U.S.C. § 1681 et seq.) (“FACTA”). FACTA requires that all but the last five digits of a consumer’s credit or debit card numbers be deleted from credit or debit card receipts presented to customers at the point of sale. Specifically, Lee alleges that Defendant violated FACTA by providing its customers with credit or debit card receipts displaying more than the last five digits of the card number.

  2. Why is this a Class Action?

    In a class action, one or more people referred to as Class Representatives (in this case there is only one, Henry Lee) sue on behalf of people with similar claims. All of these individuals are Settlement Class Members, and together they constitute a Settlement Class. One court resolves the issues for all Settlement Class Members, except for those who expressly exclude themselves from the Settlement Class. United States District Judge Laura Taylor Swain presides over this lawsuit and the pending class action settlement.

  3. Why is there a settlement?

    The Court did not decide in favor of Lee or The Body Shop. Lee believes he would have prevailed at trial, while The Body Shop maintains that Lee would not have prevailed at trial. But there was no trial. Instead, both sides have agreed to a settlement, so as to avoid the risks inherent in a trial, while simultaneously providing the affected Settlement Class Members with an opportunity to receive compensation. The Class Representative and the attorneys for all parties believe that it is in the best interest of all Class Members to settle the Action on the terms generally set forth herein, in order to avoid the uncertain outcomes, risks and delays associated with further litigation. The settlement was reached through arms-length negotiations between the parties. Judge Swain has preliminarily found that the settlement is fair, adequate, and reasonable to the Settlement Class and determined that the Action should proceed as a class action, for purposes of settlement only, with Lee serving as the representative of the Settlement Class. Judge Swain granted preliminary approval of the settlement, subject to a final approval hearing discussed below. The Notice explains the nature of the lawsuit and the general terms of the settlement, and informs you of your legal rights and obligations.

  4. How do I know if I am part of the settlement?

    For settlement purposes, the Court has certified a Class consisting of all people who meet the following definition:

    All persons who, between February 12, 2011 and March 21, 2017 made a purchase with a credit or debit card at any of The Body Shop’s retail locations in the United States where an electronically-printed receipt was received at the point of sale or in a transaction that displayed more than the last five digits of that person’s debit or credit card number. Notwithstanding the foregoing, all persons who are or have been enrolled in The Body Shop’s “Love Your BodyTM Loyalty Program” for whom The Body Shop has an e-mail or physical address, and who made a debit or credit card transaction at any of The Body Shop’s retail locations in the United States between April 23, 2014 and January 9, 2016, are included in the Settlement Class. If you did not receive notice by email or mail, you still may be a Settlement Class Member if you are within the Class Definition above. If so, you will need to submit a Claim Form as described in FAQ 7.

    The Body Shop estimates that there are more than 392,000 people in the Settlement Class. According to The Body Shop’s records, you are a Settlement Class member if you received a notice by email or mail.

  5. What can I get from the settlement?

    If the Court approves this settlement, you will receive a $12.00 gift card for use at The Body Shop. This gift card will be treated the same as cash, toward the purchase of any items for sale, including discount items and promotions, and which can be used to pay for any applicable tax on the purchase. The $12.00 gift card can be redeemed, either in whole or in part, at any of The Body Shop’s retail locations or online at www.thebodyshop-usa.com. The $12.00 gift card can be combined with any other transaction except for prior purchases and, once activated (which must be done within 120 days of the mailing of the gift card and activation code to you) will never expire.

  6. When will I receive these benefits?

    You will receive these benefits within approximately 30 days after the Court enters a Final Approval Order.

  7. I want to be a part of the settlement. What do I do?

    If you received a notice by email or mail, you do not need to do anything to be part of the settlement. If you did not receive a notice by email or mail, but between February 12, 2011 and March 21, 2017 made a purchase with a credit or debit card at any of The Body Shop’s retail locations in the United States where an electronically-printed receipt was received at the point of sale or in a transaction that displayed more than the last five digits of that person’s debit or credit card number you can file a claim to join the settlement.

  8. What am I giving up if I remain in the settlement?

    By staying in the Class, all of the Court’s orders will apply to you, and you give Defendant a “release.” A release means you cannot sue or be part of any other lawsuit against Defendant about the claims or issues in this lawsuit regarding the display of debit or credit card numbers prior to the Class Closing Date.

  9. How much will the Class Representative receive?

    The Plaintiff, Henry Lee, will receive a payment of $4,000.00 for his services to the Settlement Class Members. This payment is subject to the Court’s approval.

  10. How do I get out of the settlement?

    As a Class Member, you have the right to exclude yourself from the Class and the Settlement Agreement. This is referred to as Opting-Out. To exclude yourself from the settlement, you must mail a letter stating that you want to be excluded from Henry Lee v. Buth-Na-Bodhaige, Inc., d/b/a The Body Shop, S.D.N.Y. Case No. 1:16-cv-01104-LTS. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request so that it is postmarked no later than May 31, 2017, to the claims administrator at:

    Body Shop Settlement
    c/o Dahl Administration
    PO Box 3614
    Minneapolis, MN 55403-0614

    An opt-out notice that does not include all of the foregoing information or that is sent to an address other than the one designated in the Notice or that is not received within the time specified, shall be invalid. The claim administrator will provide your opt-out notice to Class Counsel, counsel for The Body Shop and the Court.

  11. If I exclude myself, do I still receive benefits from this settlement?

    No, you will not receive anything resulting from the settlement, but you will have the right to assert the claims raised in this case against The Body Shop on your own. If you exclude yourself, the time you have in which to file your own lawsuit (called the “statute of limitations”) will begin to run again.

  12. Do I have a lawyer in this case?

    The Court has named Joshua C. Dickinson, Bryant T. Lamer and Robert L. Lash as Class Counsel. You will not be charged for these lawyers; however, they will receive a payment from the Defendant in an amount to be determined by and approved by the Court. If you want to be represented by your own lawyer, you may hire one at your own expense.

  13. How will the lawyers be paid?

    The Body Shop has agreed that Class Counsel is entitled to an award of reasonable attorneys’ fees, costs, and expenses payable from The Body Shop. The Body Shop has agreed not to oppose Class Counsel seeking up to $500,000.00 in combined attorneys’ fees and costs. The award is in addition to, and shall in no manner reduce, the amount of benefits due to the Settlement Class. Class Counsel intends to file an application for attorneys’ fees, costs, and expenses through Final Judgment. The attorneys’ fees and costs will be paid by The Body Shop directly.

  14. Is this a fair settlement?

    Class Counsel believes that this settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. In reaching this conclusion, Class Counsel has analyzed the benefits of the Settlement and the litigation risks that the Class Representative and Settlement Class Members face if the case were not settled, including, among other things, an adverse decision on class certification, and an unfavorable outcome on the merits, as well as the expense and length of continued proceedings necessary to litigate this Action. The claim asserted on behalf of the Settlement Class against The Body Shop is under FACTA. FACTA is a federal privacy protection statute which restricts the credit or debit card information that can be printed on a receipt and provides for both individual actions and class actions. FACTA damages are available for either a negligent violation or a willful violation. Plaintiff has not alleged a negligent violation in the Complaint. For a negligent violation, the person bringing the suit may recover only actual damages suffered whereas, for a willful violation, statutory damages of between $100.00 and $1,000.00 are to be awarded and, in the Court’s discretion, punitive damages. The person bringing the suit may also recover attorneys’ fees and the expenses of prosecuting the suit, if the lawsuit is successful.

    In this case, each class member who does not opt-out or exclude himself or herself from the settlement will receive a $12.00 gift card.

  15. What is the Defendant’s view of this settlement?

    As stated above, by settling this lawsuit, The Body Shop is not admitting it has done anything wrong. The Body Shop expressly denies the claims asserted by the Plaintiff and denies all allegations of wrongdoing and liability.

  16. How do I tell the Court that I do not like the settlement?

    If you are a Settlement Class Member, you can object to the settlement. In order to object to the settlement or any part of the settlement, you must timely send a letter (or legal brief) to Class Counsel and counsel for The Body Shop at the addresses set forth below providing (a) your full name, address and telephone number; (b) the words “Notice of Objection” or “Formal Objection”; and (c) set forth, in clear and concise terms, the legal and factual arguments supporting the objection to the proposed Settlement Agreement, including any legal support you wish to bring to the Court’s attention and a description of any evidence you wish to introduce in support of the objection. Class Counsel will be responsible for gathering and filing the objections with the Court. If you are objecting to the settlement, you may also appear at the Final Approval Hearing. If you wish to appear and be heard, your objection must additionally state that you intend to appear at the Final Approval Hearing, identify the specific objections on which you wish to be heard during the Final Approval Hearing, and the name, address, and telephone number of any attorney who will speak or appear on your behalf. Class Counsel will file your objections with the Court.

    Any objecting Class Member who fails to timely object in the manner prescribed in the Notice shall be deemed to have waived any objections, shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement Agreement, and shall waive his or her right to appear at the Final Approval hearing. An objector may withdraw his or her objection at any time.

    You must mail, fax, or hand deliver your objection so that it is postmarked no later than May 31, 2017 to:

    Class Counsel:
    Joshua C. Dickinson
    Bryant T. Lamer
    SPENCER FANE LLP
    1000 Walnut, Suite 1400
    Kansas City, MO 64106
    Phone: (816) 474-8100
    Fax: (816) 474-3216
    Robert L. Lash
    HUR & LASH, LLP
    390 Fifth Avenue, Suite 900
    New York, New York 10018
    Phone: (212) 468-5590
    Fax: (212) 468-5599
    Defendant’s Counsel:
    Kerry Alan Scanlon
    Jeremy White
    MCDERMOTT, WILL & EMERY LLP
    500 N. Capitol Street N.W.
    Washington, DC 20001
    Phone: (202) 756-8696
    Fax: (202) 756-8087
  17. Where and when is the Final Approval Hearing?

    The Court will hold a final approval hearing on August 11, 2017 at 2:00 p.m. in the courtroom of the Honorable Laura Taylor Swain, U.S. District Court Judge, 500 Pearl St., Courtroom 12D, New York, NY 10007-1312. The purpose of the hearing will be for the Court to determine whether the proposed settlement is fair, reasonable, and adequate and in the best interests of the Class and to determine the appropriate amount of compensation for Class Counsel and the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement, assuming the objections have been properly filed as described above.

    YOU ARE NOT REQUIRED TO ATTEND THIS HEARING TO BENEFIT FROM THIS SETTLEMENT. The hearing may be postponed to a later date without notice.

  18. How do I get more information about this settlement?

    Please visit the Settlement Documents section of this website or you may call or write to Class Counsel:

    Joshua C. Dickinson
    Bryant T. Lamer
    SPENCER FANE LLP
    1000 Walnut, Suite 1400
    Kansas City, MO 64106
    Phone: (816) 474-8100
    Fax: (816) 474-3216
    Robert L. Lash
    HUR & LASH, LLP
    390 Fifth Avenue, Suite 900
    New York, New York 10018
    Phone: (212) 468-5590
    Fax: (212) 468-5599

    DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR TO THE JUDGE.