Amazon/Mueller (Amazon is not part of the suit) Class Action

[Marvomatic]

Came today in my email!
Greetings,

Amazon is emailing you because our records indicate that you may have purchased certain Mueller-branded products through the Amazon.com store. YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT. Amazon is not a party to or otherwise involved in the class action lawsuit and is providing this notice only as a courtesy.

THIS NOTICE IS ONLY A SUMMARY. Details of the settlement are available at www.MuellerSettlement.com or by writing to or calling the Class Action Settlement Administrator at the address or toll-free number below.

WHAT IS THIS CASE ABOUT? In the lawsuit entitled Stacy Dorcas v. Aterian, Inc., Case No. CIVSB2222117, Superior Court for the State of California, County of San Bernardino, plaintiff Stacy Dorcas (“Plaintiff” or “Class Representative”), on behalf of herself and a proposed class, alleges that Defendant falsely and deceptively labeled and advertised the Covered Products with an image of the Austrian flag and the name “Austria” (together, the “Austrian Representations”), which led reasonable consumers into believing that the Covered Products were made in Austria and paying more for the Covered Products as a result of those alleged statements, when the Covered Products were not made in Austria. A list of the Covered Products is available on the settlement website www.MuellerSettlement.com. The Court has not ruled on the merits of the claims or Aterian’s defenses.

WHO IS A CLASS MEMBER? All Persons who purchased any of the Covered Products in the United States, its territories, or at any United States military facility or exchange during the Class Period are Class Members. (“Settlement Class Members”).

WHAT ARE THE TERMS OF THE SETTLEMENT? Aterian has agreed to pay $800,000 ($500,000 in cash (“Cash Fund”), and $300,000 in the form of Vouchers (“Voucher Fund”)) into a non-reversionary Settlement Fund, as described in the Settlement. The Settlement Fund will be used to pay Settlement Class Members who send in a valid Claim Form, after attorneys’ fees and costs, notice and settlement administration costs, and an incentive award to the Class Representative have been deducted.

Settlement Class Members can elect to receive a $7.50 cash payment per Covered Product purchased during the Class Period for up to two (2) Covered Products or, in lieu of a cash payment, Settlement Class Members can elect to receive a $15.00 Voucher per Covered Product purchased during the Class Period for up to two (2) Covered Products (subject to a pro rata increase or decrease as discussed). Class Counsel will ask the Court to approve payment of up to $200,000 in attorneys’ fees, to be paid from the Settlement Fund. Class Counsel also will ask the Court to approve reasonable costs and expenses spent prosecuting the case and a payment of $1,500 to Stacy Dorcas for her services as Class Representative, to be paid from the Settlement Fund.

HOW DO I MAKE A CLAIM? To receive a Settlement Award, you must submit a signed and completed Claim Form online to the Class Action Settlement Administrator by NO LATER THAN JANUARY 30, 2024. or by mail to the Class Action Settlement Administrator postmarked NO LATER THAN JANUARY 30, 2024. The Claim Form is available for online submission and download at www.MuellerSettlement.com.

WHAT ARE MY OTHER OPTIONS? If you do not want to be legally bound by the Settlement, you may opt out of the Settlement by sending a request for exclusion to the Class Action Settlement Administrator by NO LATER THAN JANUARY 30, 2024. If you opt out, you will not receive any money from the Settlement. If you stay in the Settlement, you may object to the Settlement by writing to the Court explaining why you do not like the Settlement by NO LATER THAN JANUARY 30, 2024. You will be bound by the Settlement if your objection is rejected. If you do nothing (i.e., submit no Claim Form or opt out), you will not receive any benefits from the Settlement, but will nevertheless be bound by any judgment approving the Settlement and will give up any right to sue Defendant or related parties as described in the Settlement.

FINAL APPROVAL HEARING. The Court will hold a hearing in this case to consider whether to approve the Settlement on FEBRUARY 29, 2024, at 9:00 a.m., at the Superior Court for the State of California, County of San Bernardino, San Bernardino Justice Center; 247 West Third Street; San Bernardino, CA 92415, Department S26. The date of the Final Approval Hearing may change without further notice to the Settlement Class. Settlement Class Members should be advised to check the settlement website to confirm that the date has not been changed and whether the hearing may be held virtually due to COVID-19.

THIS NOTICE IS ONLY A SUMMARY. MORE INFORMATION IS AVAILABLE AT WWW.MUELLERSETTLEMENT.COM, OR FROM THE CLASS ACTION SETTLEMENT ADMINISTRATOR AT MUELLER SETTLEMENT ADMINISTRATOR, P.O. BOX 173096, MILWAUKEE, WI 53217 OR 877-933-2881 (TOLL-FREE), OR BY VISITING THE COURT IN-PERSON.

PLEASE DO NOT RESPOND TO THIS EMAIL DIRECTLY OR TELEPHONE THE COURT.