Frequently Asked Questions
- What is this Lawsuit about?
- Why is this a class action?
- Why is there a Settlement?
- Who is in the Settlement?
- How do I know if I am part of the Settlement?
- If I purchased DevaCurl but did not suffer any personal injury, am I included?
- Are there exceptions to being included?
- What does the Settlement provide?
- Tier 1 Claims (Up to $20)
- Tier 2 Claims - Payments for Significant Adverse Reaction Claims
- How can I get a payment?
- What supporting documents am I required to submit with a Tier 2 Claim?
- When will I get my payment?
- What am I giving up to stay in the Class?
- How can I opt out of the Settlement?
- If I don't exclude myself, can I sue Defendant for the same thing later?
- If I exclude myself, can I get money from the Settlement?
- How can I tell the Court if I have grounds to object to the Settlement?
- What is the difference between objecting and asking to be excluded?
- Do I have a lawyer in this case?
- How will the lawyers and other expenses be paid?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- Are there more details about the Settlement?
- How do I get more information about the Settlement?
- What is this Lawsuit about?
A lawsuit is pending in the United States District Court for the Southern District of New York claiming that Deva Concepts, LLC (the “Defendant”) designed, manufactured and sold DevaCurl Haircare Products (“DevaCurl” or the “Products”) which allegedly caused certain users to suffer personal injury including hair loss, hair damage or scalp irritation and also claiming that statements made in connection with the marketing of the Products were false and misleading (the “Lawsuit”). Defendant vigorously denies these allegations and contends that there is no link between hair damage and DevaCurl, and that Defendant did not make any untrue or misleading statements.
Top - Why is this a class action?
In a class action, one or more people called “Named Plaintiffs” sue on behalf of themselves and other people. Together, all of these people are referred to as the “Class.” A court resolves the claims of the entire Class in a class action, except for those who exclude themselves from the Class. The Court then resolves the claims asserted for all Class Members at one time. Here, the Court has preliminarily certified a Class for settlement purposes only. United States District Court Judge Gregory H. Woods is in charge of this class action.
Top - Why is there a Settlement?
The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides have agreed to the Settlement. By agreeing to the Settlement, and if the Settlement is approved by the Court, the Parties avoid the costs and uncertainty of class certification and a trial, and the Class Members who timely submit a claim supported by appropriate documentation (see Question 12) will get compensation without having to commit to a full trial. The Named Plaintiffs and counsel for the Class (“Class Counsel”) believe the Settlement is best for all Class Members considering the risks of going forward to trial.
Top - Who is in the Settlement?
To be eligible to submit a claim for a payment from the Settlement, between February 8, 2008 and August 29, 2021 you must have purchased, used, or had used on you at least one DevaCurl cleanser, conditioner, styling or treatment product, including the following: Arc AnGEL, Beautiful Mess, B’Leave In, Buildup Buster, The Curl Maker, Deep Sea Repair, DevaFresh, DevaCare Low-Poo, DevaCare No-Poo, DevaCare One Condition, DevaCare Arc AnGEL, DevaCare Detangling Spray, Flexible Hold Hair Spray, Frizz Free Volumizing Foam, Heaven in Hair, High Shine, Leave in-Decadence, Light Defining Gel, Low Poo Delight, Low Poo Original, Melt into Moisture, MirrorCurls, Mist-er Right, No Comb Detangling Spray, No Poo Original, No Poo Blue, No Poo Decadence, No-Poo Quick Cleanser Spray, One Condition Decadence, One Condition Delight, One Condition Original, Set it Free, Set Up and Above, Shine Spray, Spray Gel, Styling Cream, Super Cream, Super Mousse, Super Stretch, Ultra Defining Gel, Wash Day Wonder, and Wave Maker (“DevaCurl” or the “Products”).
Top - How do I know if I am part of the Settlement?
You are a Class Member for purposes of the Settlement if you fit this description:
All persons who purchased and/or used any of the Products in the United States between February 8, 2008 and August 29, 2021, excluding (a) any officers, directors or employees, or immediate family members of the officers, directors or employees, of Defendant or any entity in which Defendant has a controlling interest, (b) any legal counsel or employee of legal counsel for Defendant, (c) the presiding Judge in the Lawsuit, as well as the Judge’s staff and their immediate family members, and (d) all persons who timely and properly exclude themselves from the Class as provided in the Settlement.
Top - If I purchased DevaCurl but did not suffer any personal injury, am I included?
Any person who purchased and/or used DevaCurl in the United States and its territories between February 8, 2008 and on or before August 29, 2021, is a Class Member unless such person is within one of the excluded categories or properly excludes himself or herself from the Class, even if such person does not claim to have suffered personal injury from using DevaCurl. Class Members who purchased DevaCurl but did not suffer personal injury are still eligible for a one-time payment of up to $20.
Top - Are there exceptions to being included?
The following categories of people are not included in the Class even if they purchased or used DevaCurl in the United States and its territories between February 8, 2008 and August 29, 2021:
Officers, directors or employees, or immediate family member of officers, directors, or employees, of Defendant or any entity in which Defendant has a controlling interest;
- Any legal counsel or employee of legal counsel for Defendant;
- The presiding judge in the class action Lawsuit and his immediate family members and staff members; and
- All persons who timely and properly exclude themselves from the Class as provided in the Settlement.
- What does the Settlement provide?
While vigorously denying any liability, Defendant has agreed to settle this matter through the creation of a non-reversionary Settlement Fund of $5,200,000 which will be used to pay valid claims, as well as for the costs of notice and administration of the Settlement, Service Awards to the Named Plaintiffs and Attorneys’ Fees and Costs. In addition, Defendant has agreed to implement label changes to the Products.
$750,000 of the Fund will be set aside to pay Tier 1 Claims. Any person who purchased DevaCurl, used DevaCurl, or had DevaCurl used on them between February 8, 2008, and August 29, 2021, can file a Tier 1 Claim for a one-time cash payment of up to $20 as compensation for claims of minor personal injury after using DevaCurl or for alleged false statements regarding DevaCurl. If Tier 1 Claims exceed the $750,000 allocated to pay Tier 1 Claims, the payments made to each Class Member who submit a valid Tier 1 Claim will be reduced on a pro rata basis.
The remainder of the Fund, after payment of costs of notice and administration, Service Awards, Attorneys’ Fees and Costs and Tier 1 Claims, will be used to pay Tier 2 Adverse Reaction Claims of up to $19,000 per Class Member, consisting of up to $18,000 per Claimant for injuries and up to $1,000 for provable expenses, to compensate Class Members for claimed adverse reactions causing personal injuries such as hair loss, hair damage, scalp irritation and emotional distress that accompanied such alleged injuries and any claims of misleading marketing.
Class Members can submit only one claim, either a Tier 1 Claim or a Tier 2 Claim. However, Class Members whose Tier 2 Claims are denied shall be automatically considered to have made and be eligible for a Tier 1 Claim as long as they provided sufficient information to make them eligible for a Tier 1 claim.
Top - Tier 1 Claims (Up to $20)
If you purchased, used or had used on you any of the Products listed in response to Question 3 and submit a timely and valid Claim Form, you may be entitled to a payment up to $20 as compensation for claims of personal injury after using DevaCurl or for alleged false statements regarding DevaCurl. If Tier 1 Claims exceed the $750,000 allocated to pay Tier 1 Claims, the payments made to each Class Member who submits a valid Tier 1 Claim will be reduced on a pro rata basis.
Top - Tier 2 Claims - Payments for Significant Adverse Reaction Claims
If you purchased any of the Products listed in response to Question 3, submit a timely and valid Claim Form, and provide sufficient documentation regarding your injuries and expenses incurred because of those injuries, you may receive up to $18,000 per Claimant for injuries and up to $1,000 for provable expenses as set forth below. In order to make a Tier 2 Claim, the Class Member must submit a valid and complete Claim Form, along with Supporting Documentation as described therein.
Any claims made and monies recovered under Tier 2 may be subject to lien subrogation payments. As with any personal injury settlement, if you visited a medical professional, an insurance carrier that paid for any portion of your medical bill is entitled to a portion of your settlement. While in most states the amount owed to the insurance carrier is governed by statute, it is possible that the insurance carrier could hold you liable for the amount it paid, up to the total value of your settlement.
Top - How can I get a payment?
If you are a member of the Class and want to receive a payment under the Settlement, you must submit a Claim Form. You may also obtain and print a Claim Form and other relevant documents by visiting the "Case Documents" page of this website. Please read the instructions carefully and fill out the form completely and accurately. Claim Forms can be submitted two ways: electronically or by mail.
Your Claim Form must be submitted electronically on this website by no later than 11:59 p.m. Pacific Time on November 21, 2021 or by mail postmarked no later than November 21, 2021 and addressed to:
DevaCurl Products Settlement Administrator
PO Box 43501
Providence, RI 02940-3501
Top - What supporting documents am I required to submit with a Tier 2 Claim?
To be eligible for a payment from the Common Fund for a Tier 2 Significant Adverse Reaction Claim, Claimantsmust submit to the Settlement Administrator, in addition to a completed Claim Form, appropriate evidence documenting the injuries alleged to be suffered after using the Products listed above. Without limitation, the following forms of documents will be considered “Supporting Documentation” and shall be received by the Settlement Administrator in support of a Tier 2 Claim:
- Before and after photographs showing the damage to Claimant’s hair and/or scalp. Each photo submitted must be dated and labeled as either a “before” or “after” photo.
- Video testimony of the Claimant describing the claimed injury.
- Medical records, doctor’s notes, test results, and/or a statement from a licensed medical professional indicating damage to the Claimant’s hair or scalp after using the Products as well as any pre-existing conditions that may have caused the alleged hair loss.
- Written or video statement from the Claimant’s hair stylist(s) indicating the amount of hair loss suffered and any lasting effects. If written, this statement must be dated and signed by the hair stylist(s).
- Written or video statements from other witnesses that can testify about the damage to Claimant’s hair or scalp and its effect on the Claimant (i.e., spouse, family, friends). Any statement must include the witnesses’ names, addresses and their relationship to the Claimant. If written, these statements must be dated and signed by the witnesses.
Claimants may make a Claim for documented out-of-pocket expenses. The following forms of Supporting Documentation shall be received by the Settlement Administrator in support of a claim for reimbursement of actual and documented out-of-pocket expenses incurred to redress injury purportedly caused by the Subject Products, up to a maximum of $1,000:
- Dated medical bills evidencing payments made by the Claimant related to the Claimant’s claimed injury along with medical records indicating the visit related to damage alleged to be caused by use of the Products;
- Dated receipts for out-of-pocket expenses; dated credit card statements evidencing payment by the Claimant related to the Claimant’s claimed injury;
- Dated bank statements evidencing payment of out-of-pocket expenses related to the Claimant’s claimed injury.
- Dated receipts and/or declarations supplied by, for example, a medical provider or hair stylist, evidencing the amount spent to redress a claimed injury will also be considered.
Each Claimant filing a Tier 2 Claim will authorize the Settlement Administrator, consistent with HIPAA and other applicable privacy laws, to verify facts and details of any aspect of the Claim and/or the existence and amounts, if any, of any Liens. The Settlement Administrator, at its sole discretion, may request additional documentation or authorizations, which each Claimant agrees to provide in order to claim a Tier 2 Claim Award. No Claim will be considered complete and eligible for payment of any Tier 2 Claim Award until such time that any additional documentation requested by the Settlement Administrator is provided and/or deficiencies are cured. The Settlement Administrator will have the discretion to undertake or cause to be undertaken further verification and investigation, including into the nature and sufficiency of any Claim documentation.
The amount of any Claim payment will be determined by the Settlement Administrator, who has significant experience in the claims process, using an objective point system agreed upon by the Parties. The Settlement Administrator will determine the value of all Tier 2 Claims, and award points based upon, without limitation, the sufficiency and credibility of the evidence, the severity of the hair loss or thinning, duration of the hair loss or thinning and amount of documented out-of-pocket expenses. The intent of the Settlement is to pay Tier 2 Claimants for any and all hair loss, hair damage, scalp irritation, or other such injuries consistent with the allegations in the Lawsuit, as well as for any alleged untrue or misleading marketing. As directed by the Parties, the Settlement Administrator shall have authority to assign points by determining the validity, or lack thereof, of any Tier 2 Claims submitted, including the sufficiency of the Claimant’s evidence of his or her claimed injury, and any other documentation submitted in support of the Tier 2 Claim. This includes the authority to evaluate, and assign points, if any, on the basis of whether a Claimant suffered hair loss, hair damage, or scalp irritation that is clearly attributable to another cause or suffered from another condition that is linked to hair loss, hair damage, or scalp irritation. Payments may be reduced if the Claimant already received payment from Defendant.
Top - When will I get my payment?
The Court will hold a hearing at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 12C, New York, NY 10007 on December 28, 2021 at 3:00 p.m. to decide whether to grant final approval to the Settlement. If Judge Woods approves the Settlement, any objecting Class Member has the right to file an appeal. Payments under the Settlement will be made only after any appeals have been resolved in favor of the Settlement. Payments to eligible Class Members who submit valid and timely Claims will be distributed only after the Settlement Administrator evaluates all Tier 2 Claims and (for certain individuals) when liens are fully resolved. Please be patient.
Top - What am I giving up to stay in the Class?
Unless you exclude yourself, you are a member of the Settlement Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit concerning DevaCurl. The Released Parties are Deva Concepts, LLC, as well as any individual or entity involved in the design, development, manufacture, distribution, or sale of any of the Products, as well as all of its/their past, present and current respective parents, subsidiaries, affiliates, predecessors, successors, officers, employees, directors, shareholders, attorneys, and insurers, as well as all salons, hair care professionals, stylists, distributors, retailers, sellers, resellers, and wholesalers of the Products (“Released Parties”). Staying in the Class means that you will have the right to submit a Claim Form, and will also mean that you release all claims against the Released Parties arising out of or relating in any way to the purchase and/or use of DevaCurl Products, regardless of whether such claim is known or unknown, asserted or as yet unasserted. Staying in the Class also means that all of the Court’s orders will apply to you and legally bind you.
If you do not want to submit a claim for payment from the Settlement, and you want to keep the right to sue or continue to sue the Defendant (or any of the other Released Parties) in the future about DevaCurl, then you must take steps to remove yourself from the Class. This process is sometimes called “opting out” of the Settlement Class.
Top - How can I opt out of the Settlement?
To exclude yourself from the Settlement, you must “opt out” or exclude yourself by mailing a note signed by you that lists your full name, current address, the case name and number (In Re: Deva Concepts Products Liability Litigation, No: 1:20-cv-01234-GHW), and the statement: “I wish to be excluded from the DevaCurl Class Action Settlement and do not wish to be a Class Member. I understand that I will not receive any monetary benefit under the Settlement, and I elect to be excluded from any judgment entered pursuant to the Settlement.”. You must mail your exclusion request postmarked no later than October 22, 2021, to the Settlement Administrator at DevaCurl Products Settlement Administrator, P.O. Box 43501, Providence, RI 02940-3501.
Requests for exclusion must be exercised individually, not as or on behalf of a group, class or subclass. You cannot exclude yourself by phone or by email. If you ask to be excluded, you will not get any Settlement payment, 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) Defendant (or the other Released Parties) in the future, after the Settlement is finally approved. Do not submit both a Claim Form and a request for exclusion. If you submit both, the Court may disregard your request for exclusion.
Top - If I don't exclude myself, can I sue Defendant for the same thing later?
No. Unless you exclude yourself, you give up any right to sue the Defendant or other Released Parties for claims about any injury or misrepresentation regarding DevaCurl. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue with your own lawsuit. Remember, the exclusion deadline is October 22, 2021.
Top - If I exclude myself, can I get money from the Settlement?
No. If you exclude yourself, you cannot submit a Claim Form to ask for any benefits from this Settlement. However, you may be able to sue, continue to sue, or be part of a different individual lawsuit against the Defendant in the future.
Top - How can I tell the Court if I have grounds to object to the Settlement?
If you are a Class Member and do not exclude yourself, you can object to the Settlement. You can provide the Court with the reasons why you think the Court should not approve it. The Court will consider your views. Your written objection must include: (1) your full name (individuals only); (2) your current address; (3) a written statement of your objection(s) to the Settlement and the reasons for each objection; (4) a statement of whether you intend to appear at the Final Approval Hearing; (5) your signature; (6) the case name and case number: In Re: Deva Concepts Products Liability Litigation, No: 1:20-cv-01234-GHW; and (7) a detailed list of any other objections submitted by you or your counsel to any class actions in any court, whether state or otherwise, in the United States in the previous five (5) years. If you or your counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, you shall affirmatively so state.
If you are not represented by your own lawyer, you must mail your Written Notice of Objection to the Settlement Administrator at DevaCurl Products Settlement Administrator, P.O. Box 43501, Providence, RI 02940-3501, postmarked no later than October 22, 2021.
If you are represented by your own lawyer (i.e., not Class Counsel), then your lawyer must file an appearance and your Written Notice of Objection with the Clerk of the Court in which the Lawsuit, In Re: Deva Concepts Products Liability Litigation, No: 1:20-cv-01234-GHW, is pending by October 22, 2021, and must also mail these materials to the Settlement Administrator at DevaCurl Products Settlement Administrator, P.O. Box 43501, Providence, RI 02940-3501, postmarked no later than October 22, 2021.
The right to object to the Settlement must be exercised individually by a Class Member or through his or her attorney, and not as a member of a group, class or subclass.
Top - What is the difference between objecting and asking to be excluded?
Objecting is simply a way of telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. You will also be bound by any subsequent rulings in this case, and you will not be able to file or participate in any other lawsuit based upon or relating to the claims of this Lawsuit. If you object to the Settlement, you still remain a Class Member and you will still be eligible to submit a Claim Form. Excluding yourself (i.e., opting out) is telling the Court that you don’t want to be a part of the Class. If you exclude yourself, you have no basis to object to the Settlement and appear at the Final Approval Hearing because it no longer affects you.
Top - Do I have a lawyer in this case?
The Court has appointed Gary E. Mason of Mason Lietz & Klinger LLP and Charles E. Schaffer of Levin Sedran & Berman LLP (“Class Counsel”) to represent you and the other Class Members in this Lawsuit. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers and other expenses be paid?
Class Counsel have worked on this case since 2020 and have not been paid anything to date for their work on this case. Class Counsel will request Attorneys’ Fees and Expenses of up to 33% of the Settlement. The Court has to approve any Attorneys’ Fees and Expenses awarded in this case.
Class Counsel will also ask the Court to approve Service Awards of no more than $600 to each of the eleven (11) Class Representatives for their work on behalf of the Class. Any such payment to these individuals also must be approved by the Court. These payments are incentive payments intended to compensate the putative Class Representatives for bringing the Lawsuit, and in consideration of the time and effort they expended in prosecuting this Lawsuit.
These amounts and the cost of administering the Settlement will be deducted from the Settlement Fund.
Top - When and where will the Court decide whether to approve the Settlement?
On December 28, 2021, at 3:00 p.m., the Court will hold a Final Approval Hearing at the United States District Court for the Southern District of New York in Courtroom 12C of the Daniel Patrick Moynihan, United States Courthouse, 500 Pearl St., New York, NY 10007-1312. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. Judge Woods will listen to people who have asked to speak at the hearing and who have complied with the requirements for submitting objections set forth in FAQ 18 above. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long that decision will take.
The hearing may be moved to a different date or time, so it is a good idea to check this website for updates.
Top - Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to come at your own expense. If you submit an objection, you do not have to come to Court to talk about it. As long as you submitted your objection on time in accordance with the procedures set forth in FAQ 18 above, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
Top - May I speak at the hearing?
Yes. You may ask the Court for permission to speak at the Final Approval Hearing, but only in connection with an objection that you have timely submitted in accordance with the procedure set forth in Question 18 above. You cannot speak at the Final Approval Hearing if you have excluded yourself.
Top - Are there more details about the Settlement?
The Notice summarizes the proposed Settlement. More details are available in the Settlement Agreement. You can get a copy of the Settlement Agreement here or by writing to Class Counsel at either of these addresses:
TopGary E. Mason MASON LIETZ & KLINGER LLP
5101 Wisconsin Ave., NW, Ste. 305
Washington D.C. 20016
Charles E. Schaffer
LEVIN, SEDRAN & BERMAN, LLP
510 Walnut St., Ste 500
Philadelphia, PA 19106
- How do I get more information about the Settlement?
You can call 1-855-786-1011, write to the Settlement Administrator at DevaCurl Products Settlement Administrator, PO Box 43501 Providence, RI 02940-3501 or visit this website where you will find answers to common questions about the Settlement, the Claim Form and instructions for submitting it, important documents filed in the Lawsuit, plus other information to help you determine whether you are a Class Member and whether you are eligible for a payment.
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