Frequently Asked Questions

  1. Why did I get the Notice?

    Lenny & Larry’s Baked Goods Products are purchased at many retailers and Lenny & Larry’s does not have contact information for many of its customers; therefore, notice is being published in Sports Illustrated and People magazines and posted on this Settlement website, available here, and run on banner ads to reach as many of Lenny & Larry’s customers as possible.

    The Notice explains the Action, the Settlement, and your legal rights.

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  2. What is the Action about?

    This class action lawsuit, called Lori Cowen, et al. v. Lenny & Larry’s, Inc., Case No. 1:17-cv-01530, is currently pending in the United States District Court for the Northern District of Illinois, Eastern Division (the “Action”).

    The Action was filed by Lori Cowen, Rochelle Ibarrola, Ava Adames, Amanda Wells, and Barbara Whalen. They are called the Plaintiffs and they represent the Settlement Class. The company Plaintiffs sued is Lenny & Larry’s.

    The Action generally asserts claims against Lenny & Larry’s related to the advertising, packaging, and labeling of its products. Among other things, the lawsuit claims that Lenny & Larry’s misstated the nutritional content of a Lenny & Larry’s Baked Goods Product, The Complete Cookie. Lenny & Larry’s denies these claims and maintains that it acted in accordance with all laws.

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  3. Why is this lawsuit a class action?

    In a class action, one or more people called the “Plaintiffs” (in this case, Lori Cowen, Rochelle Ibarrola, Ava Adames, Amanda Wells, and Barbara Whalen) sues on behalf of people they contend have similar claims. If approved by the Court, all of these people are a “Settlement Class” or “Settlement Class Members.” The Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class. On November 1, 2018, the Court ordered that the Action could be a class action for purposes of this Settlement only.

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  4. Who is in the Settlement Class?

    You are a “Settlement Class Member” or part of the “Settlement Class” if you are a:

    United States resident consumer who purchased one or more of Lenny & Larry’s The Complete Cookie or other Lenny & Larry’s Baked Goods Products at a retail establishment or online any time up to Final Settlement Approval, currently scheduled to be May 2, 2019.

    All references to “you” and “your” in the Notice and this website refer only to Settlement Class Members.

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  5. Why is there a settlement?

    The Court has not decided who is right or wrong in the Action. Instead, after conducting substantial investigation, research, discovery, and participating in a mediation with a retired judge, both sides agreed to the Settlement. By agreeing to the Settlement, the parties avoid the cost and risk of a trial and the Settlement Class will get compensation. The Settlement does not mean that any law was broken. Lenny & Larry’s denies all of the claims asserted in the Action and denies that it has violated any laws. The Plaintiffs and their lawyers think the Settlement is fair, reasonable, and in the best interests of all Settlement Class Members.

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  6. What will I receive from the Settlement?

    If you are a Settlement Class Member and you make a valid claim (and submit a proof of purchase from anytime up to Final Settlement Approval, currently scheduled to be May 2, 2019 if you have it), Lenny & Larry’s will give you money or product as follows:

    1. If you have a proof of purchase for Lenny & Larry’s The Complete Cookie or any other Lenny & Larry’s baked goods product from any time up to May 2, 2019 you may choose a cash distribution or free Lenny & Larry’s products.

      1. Cash: A cash distribution not exceeding the greater of (i) the amount reflected by your proof of purchase up to $50.00 or (ii) $20.00 (so long as your proof of purchase is dated before the "Notice Date"); or
      2. Product: Free The Complete Cookies with a retail value of up to $30.00, including shipping charges and applicable costs.

      Because Lenny & Larry’s has a record of online purchases made through its website, Lenny & Larry’s will provide customer data for online purchasers to the Claims Administrator. The Claims Administrator may give notice of the Settlement to these online purchasers via their last known email address. Settlement Class Members who purchased Lenny & Larry’s The Complete Cookie or other Lenny & Larry's Baked Goods Products online through its website do not need to submit a proof of purchase.

    2. If you do not have a proof of purchase and did not purchase through Lenny & Larry’s website, but did purchase Lenny & Larry’s The Complete Cookie or any other Lenny & Larry’s baked goods product from any time up to Final Settlement Approval, currently scheduled to be May 2, 2019 you may choose a cash distribution or free Lenny & Larry’s products.

      1. Cash: A cash distribution of $10.00; or
      2. Product: Free Complete Cookies with a retail value of up to $15.00, including shipping charges and applicable costs.
    3. You may make only one claim, and only one claim is allowed per household.
    4. The amount that Lenny & Larry’s pays for attorneys’ fees and costs to Class Counsel (see FAQ 13) will not reduce any amount to be paid to you under the Settlement.
    5. At the end of the 60-day claim period, if more than $350,000 in total is claimed by all claimants, each Settlement Class Member’s cash claim shall be reduced on a pro rata basis.
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  7. What am I giving up in exchange for the Settlement benefits?

    In exchange for the benefits provided in the Settlement, you (and every other Settlement Class Member who does not submit a valid Request for Exclusion (see FAQ 9)) will release Lenny & Larry’s and all its related entities from all claims related to the advertising, packaging, and labeling of its Baked Goods Products, including among other things, claims related to misstating the nutritional content of Lenny & Larry’s The Complete Cookie and other Lenny & Larry’s Baked Goods Products. This will prevent you from bringing any future lawsuit against Lenny & Larry’s related to alleged misstatements or any other Released Claims (as defined in the Settlement Agreement).

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  8. How do I get Settlement money or product?

    To receive money or Lenny & Larry’s product from the Settlement, you must be a Settlement Class Member and you must complete and submit a Claim Form online here or by mailing in your Claim Form to Lenny & Larry’s Claims Administrator, P.O. Box 6727, Portland, OR 97228-6727 by no later than January 29, 2019.

    If you have a proof of purchase from any time up to May 2, 2019, such as a copy of a register receipt showing the purchase of a Lenny & Larry’s product, you may submit it as well.

    You can easily upload a copy of your proof on this website at the time you submit your Claim Form or mail a copy of your proof at the time you send in your Claim Form.

    If your Claim Form (and valid proof, if you possess it) is not timely submitted by the January 29, 2019 deadline, it will be deemed null, void, and ineffective.

    If you fail to submit a valid and timely Request for Exclusion on or before the January 29, 2019 deadline, you will be bound by all terms of the Settlement and any final judgment entered in the Action if the Settlement is approved by the Court regardless of whether or not you have submitted a valid Claim Form.

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  9. How do I ask the Court to exclude me from the Settlement Class?

    If you do not wish to participate in the Settlement, you can “opt out.” To do so, you must complete and submit a timely Request for Exclusion Form online here or by U.S. mail to Lenny & Larry’s Claims Administrator, P.O. Box 6727, Portland, OR 97228-6727 by January 29, 2019.

    If your Request for Exclusion is not timely submitted, it will be deemed null, void, and ineffective. If you fail to submit a valid and timely Request for Exclusion on or before January 29, 2019, you shall be bound by all terms of the Settlement and any final judgment entered in the Action if the Settlement is approved by the Court.

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  10. If I exclude myself, can I get anything from the Settlement?

    No. If you exclude yourself now you will not get anything from the Settlement. If you ask to be excluded, you will not get money or product from the Settlement and you will not be bound by the Settlement. You will keep your right to sue Lenny & Larry’s regarding claims related to the advertising, packaging, and labeling of its Baked Goods Products, including among other things, claims related to misstating the nutritional content of Lenny & Larry’s The Complete Cookie and other Lenny & Larry’s Baked Goods Products, or any of the Released Claims as defined in the Settlement Agreement.

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  11. If I don’t exclude myself, can I sue later?

    No. Unless you exclude yourself, you give up the right to sue Lenny & Larry’s regarding claims related to the advertising, packaging, and labeling of its Baked Goods Products, including among other things, claims related to misstating the nutritional content of Lenny & Larry’s The Complete Cookie and other Lenny & Larry’s Baked Goods Products, or any of the Released Claims as defined in the Settlement Agreement. You must exclude yourself from the Settlement Class to start or continue your own lawsuit against Lenny & Larry’s.

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  12. Do I have a lawyer in this case?

    The Court has appointed the following lawyers to serve as Class Counsel for the Settlement Class:

    Class Counsel
    Edward A. Wallace
    WEXLER WALLACE LLP
    55 West Monroe Street
    Suite 3300
    Chicago, IL 60603
    Tel: 1-312-246-2222
    Nick Suciu III
    BARBAT, MANSOUR & SUCIU PLLC
    1644 Bracken Road
    Bloomfield Hills, MI 48302
    Tel: 1-313-303-3472
    Steven Wasserman
    WASSERMAN LAW GROUP
    5567 Reseda Blvd.
    Suite 330
    Tarzana, CA 91356
    Tel: 1-818-705-6800

    DO NOT CONTACT LENNY & LARRY’S OR THE COURT DIRECTLY ABOUT THE SETTLEMENT.

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  13. How will the lawyers and the costs of the lawsuit be paid?

    Subject to Court approval, Lenny & Larry’s agrees to pay up to the following amounts (although the Court may award less than these amounts):

    • $1,200,000 in attorneys’ fees and costs to Class Counsel; and
    • $1,500 to each of the Named Plaintiffs as a Class Representative Enhancement Award for their participation in this Action.

    The Settlement will be administered and monitored by a third-party Claims Administrator and Lenny & Larry’s will pay the fees for this third-party Claims Administrator.

    Lenny & Larry’s payment of all of these fees and costs will not reduce any amounts paid or to the Settlement Class Members.

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  14. How do I object to the Settlement

    If you do not like the Settlement and wish to object to all or a portion of it, you can do so by submitting a written statement of objection (“Notice of Objection”) by U.S. mail to Lenny & Larry’s Claims Administrator, P.O. Box 6727, Portland, OR 97228-6727. Your Notice of Objection must be submitted no later than January 29, 2019. Instructions for what you need to include in your Notice of Objection are in FAQ 15.

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  15. What information do I need to include in my objection?

    In order to be valid, your Notice of Objection must be signed by you and state:

    1. The case name and case number, Lori Cowen, et al. v. Lenny & Larry’s, Inc., Case No. 1:17-cv-01530;
    2. Your name, address, telephone number, and email address;
    3. The specific basis for your objection;
    4. Whether you and/or any attorney retained by you at your own expense intends to appear at the Final Approval Hearing;
    5. If you are being represented by an attorney in objecting to the Settlement, the name and contact information of any such attorney; and
    6. That by objecting, you may be deposed in this action, subject to court approval.

    You will only be allowed to orally present your objection at the Court’s Final Approval Hearing if you (1) timely submit a valid Notice of Objection and (2) specify in your Notice of Objection that you intend to appear at the Final Approval Hearing (see FAQ 17, FAQ 18, and FAQ 19).

    You do not need an attorney to object to the Settlement, but you may hire one at your own expense if you choose to.

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  16. What’s the difference between objecting and asking to be excluded?

    Objecting is simply telling the Court you do not like something about the Settlement. If you file a Notice of Objection, you are still eligible to receive money or products from the Settlement if you are a Settlement Class Member and submit a timely and valid Claim Form (see FAQ 10).

    Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. You cannot object if you exclude yourself from the Settlement.

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  17. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a hearing to decide whether to approve the Settlement, which is called the “Final Approval Hearing.” If you have filed an objection on time stating that you will appear at the Final Approval Hearing, then you may attend and you may ask to speak, but you do not have to.

    The Court will hold a Final Approval Hearing on May 2, 2019 at 1:30 p.m. in Department 1703 at the United States District Court for the Northern District of Illinois, Eastern Division, located at 219 South Dearborn Street, Chicago, IL 60604. The hearing may be moved to a different date and/or time without additional notice, so please check this website for updates.

    At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will only listen to people who asked in their Notice of Objection to speak at the hearing. The Court will also decide how much to pay Class Counsel. After the Final Approval Hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

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  18. Do I have to come to the Final Approval Hearing?

    No. Class Counsel will answer any questions the judge may have. But, you are welcome to come at your own expense. If you send a Notice of Objection, you do not have to come to Court to talk about it. As long as you submitted your written Notice of Objection by the January 29, 2019 deadline, the Court will consider it. You may also pay (at your own expense) another lawyer to attend, but it is not required. If you (or your lawyer) do not appear at the Final Approval Hearing, you waive the right to appeal.

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  19. May I speak at the Final Approval Hearing?

    If you wish to appear at the Final Approval Hearing and orally present your objection to the Court, your written Notice of Objection must include your statement of intent to appear at the Final Approval Hearing.

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  20. What happens if I do nothing at all?

    If you do nothing, you will not receive money or product from this Settlement and you will be bound by the release of claims related to alleged misstatements regarding claims related to the advertising, packaging, and labeling of its Baked Goods Products, including among other things, claims related to misstating the nutritional content of Lenny & Larry’s The Complete Cookie and other Lenny & Larry’s Baked Goods Products, or any of the Released Claims as defined in the Settlement Agreement.

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  21. How do I get more information?

    The Notice and this website summarize the Settlement. More details are in the Settlement Agreement, which is available here. Additionally, complete copies of pleadings and other documents filed in the Action are available on this website here, or during regular business hours at the Clerk of the Court, 219 South Dearborn Street, Chicago, IL 60604. (Fees may apply for copies of these documents.) You may also contact Class Counsel for more information (see FAQ 12).

    DO NOT CALL OR WRITE LENNY & LARRY’S OR THE COURT DIRECTLY FOR MORE INFORMATION.

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