Taylor v. Shutterfly, Inc.

Attention All Persons Who Purchased a Shutterfly General Spend Groupon Between June 1, 2015, and April 30, 2018, that Was Not Redeemed, and/or Redeemed a Shutterfly General Spend Groupon Purchased During that Period

• The Notice concerns a proposed settlement in a case called Taylor v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF, pending in the United States District Court for the Northern District of California.
• This class action Settlement will resolve a lawsuit against Shutterfly, Inc. (“Defendant”). The lawsuit affects all United States residents who, either (i) purchased a Shutterfly General Spend Groupon between June 1, 2015 to April 30, 2018 that was not redeemed; and/or, (ii) redeemed a Shutterfly General Spend Groupon purchased during that period.
• The lawsuit contends that Defendant engaged in false and misleading advertising of deals on Groupon.com, committed breaches of contract and fraud in connection with these deals, and included an unenforceable arbitration clause in its Terms of Use. The deals involved a price paid (“Paid Value”) for the Groupon which could be redeemed at a greater dollar value (“Promotional Value”) towards a Shutterfly purchase within a set period of time. For example, the Groupon “$20 for $40 to Spend at Shutterfly” had a Paid Value of $20 and a Promotional Value of $40. These deals are called the “Shutterfly General Spend Groupons”. Plaintiff alleges that Shutterfly failed to disclose to purchasers that they would receive a promotional code that could be used only toward full priced items and could not be combined with any other discounts offered on the Shutterfly website, including product discounts and free shipping. The lawsuit seeks a Court order requiring Defendant to provide additional notice of the terms of the Shutterfly General Spend Groupons sold in the future and provide monetary compensation to customers that purchased the Shutterfly General Spend Groupons.
• Defendant denies any wrongdoing. It contends that it has complied with the law in all respects and at all times and properly informed customers of the potential for these charges.
• To settle the case, Defendant has agreed to provide notice in its advertising of Shutterfly General Spend Groupons sold in the future that purchasers will receive a promotional code that cannot be combined with any other Shutterfly promotional codes or shipping codes. In addition, Defendant will provide, to Class Members who purchased Shutterfly General Spend Groupons that were never redeemed, an automatic Shipping Code for free shipping on a future purchase from Shutterfly.com and a Promotional Code worth 110% of the original Promotional Value of the Shutterfly General Spend Groupon. Defendant will also provide, to Class Members who redeemed their Shutterfly General Spend Groupons, an automatic Shipping Code for free shipping on a future purchase from Shutterfly.com and a Promotional Code worth 20% of the original Promotional Value of the Shutterfly General Spend Groupon. Class Members who redeemed their Shutterfly General Spend Groupons and who do not want the Shipping Code and Promotional Code can instead obtain a Cash Refund equal to 10% of the Promotional Value of the Groupon, plus 50% of the amount the Class Member paid Shutterfly for shipping in connection with the order in which the Groupon was redeemed. To be eligible for a Cash Refund, the Class Member must submit a Valid Claim.
• The lawyers who brought the lawsuit (“Class Counsel”) will ask the Court for up to $350,000.00 to be paid by Defendant as Attorneys’ Fees and Expenses for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel also will ask for $5,000 for the Plaintiff who brought this lawsuit. That payment is called the “Class Representative Incentive Award.”
• Your legal rights are affected whether or not you act. Read the notice carefully.

The notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement Agreement, please click HERE, or contact the Shutterfly Claim Administrator, by sending an email to info@ShutterflyPromoSettlement.com, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or by telephone at 1-833-411-1404

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT		DEADLINE
DO NOTHING	You will automatically receive the Shipping Code and a Promotional Code. You also will receive the benefit of the revised notice in future advertisements of Shutterfly General Spend Groupons. You will not receive a Cash Refund. Also, you will have no right to sue later for the claims released by the Settlement.	None
Submit a Claim Form	The only way to receive a Cash Refund under the Settlement. This option is only available to Class Members who redeemed a Shutterfly General Spend Groupon.	November 9, 2021
Opt-Out	Get out of the lawsuit and the Settlement. This is the only option that allows you to ever bring or join another lawsuit raising the same legal claims against Defendant. You will receive no Cash Refund, Shipping Code, or Promotional Code from this Settlement.	November 9, 2021
File Objection	Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline.)	November 9, 2021
Go to a Hearing	Speak in Court about the Settlement. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline noted above.)	December 2, 2021

• These rights and options—and the deadlines to exercise them—are explained in the notice.
• The Court in charge of this case still has to decide whether to approve the Settlement. Shipping Code, Promotion Codes, and Cash Refunds will be provided to Class Members only if the Court approves the Settlement. If there are appeals, these benefits will not be provided until the appeals are resolved and the Settlement becomes effective. Please be patient.
• Fairness Hearing
  On December 2, 2021, at 9:00 a.m., the Court will hold a hearing to determine: (1) whether the proposed Settlement should be approved as fair, reasonable, and adequate and should receive final approval; (2) whether Class Counsel’s Application for Attorneys’ Fees and Expenses should be granted; and (3) whether the application for the Class Representative Incentive Award should be granted. The hearing will be held in the United States District Court of the Northern District of California, before the Honorable Beth Labson Freeman, 280 South 1st Street, San Jose, CA 95113, in courtroom 3 on the Fifth Floor, or such other judge assigned by the Court. This hearing date may change without further notice to you. Consult with this website, or the Court docket in this case available through Public Access to Court Electronic Records (“PACER”) (http://www.pacer.gov), for updated information on the hearing date and time.

You can learn more about the Settlement by calling 1-833-411-1404