Color Factory, LLC Ticket Fee Settlement

A Court authorized the Notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the settlement. The Notice explains the lawsuit, the settlement, and your legal rights.

The case is called Charles v. Color Factory, LLC, Civil Action No. 1:24-cv-00322-JSR. The person who sued is called the Plaintiff. The Defendant is Color Factory, LLC.

This lawsuit claims that Defendant failed to properly disclose a fee for electronic tickets to its Color Factory NYC prior to those tickets being selected for purchase, in alleged violation of ACAL § 25.07(4). Defendant denies that it violated any law, but has agreed to the settlement to avoid the uncertainties and expenses associated with continuing the case.

In a class action, one or more people called class representatives (in this case, Zharia Charles) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Settlement Class.

The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a settlement. By agreeing to settle, both sides avoid the cost and risk of a trial, and all Settlement Class Members as defined in the Notice and in the Notice will receive a cash payment. The Class Representative and Class Counsel believe the Settlement is best for the Settlement Class and represents a fair, reasonable, and adequate resolution of the lawsuit.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All individuals who purchased electronic tickets and paid a fee to gain entrance to Defendant’s Place of Entertainment from Defendant’s Website from August 29, 2022, and through and including January 23, 2024.

“Place of Entertainment” means Color Factory NYC.

“Defendant’s Website” means https://www.colorfactory.co/.

Monetary Relief. A Settlement Fund will be created totaling $714,705.68. Payments to Settlement Class Members, and the cost to administer the settlement, the cost to inform people about the settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund.

Prospective Relief. Additionally, Defendant acknowledges that it has changed the purchase flow for tickets on its website to display the “Taxes & Fees” that was the subject of this litigation when the ticket is first selected for purchase and will agree to comply with New York Arts & Cultural Affairs Law § 25.07(4).

A detailed description of the settlement benefits can be found in the Settlement Agreement, here.

The Hearing to consider the fairness of the Settlement is scheduled for November 6, 2024. If the Court approves the Settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment 60 days after Defendant makes its last installment payment into the Settlement Fund. The payment will be made in the form of a check, unless you elect to receive payment by PayPal, Zelle, or Venmo, and all checks will expire and become void 180 days after they are issued.

If you are a Settlement Class Member and you want to get a payment, you must complete and submit a Claim Form by December 23, 2024. Claim Forms can be found and submitted by clicking here, or by printing and mailing a paper Claim Form, copies of which are available for download here. We also encourage you to submit your claim online. Not only is it easier and more secure, but it is completely free and takes only minutes!

If the settlement becomes Final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section 1.33 of the Settlement Agreement. Unless you exclude yourself (see Question 13), you are “releasing” the claims, regardless of whether you claim your electronic payment or not. The Settlement Agreement is available here.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

The Court has appointed attorneys from the law firms Bursor & Fisher, P.A. to represent you and the other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action lawsuits. 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.

You may contact Class Counsel if you have any questions about this Settlement. Please do not contact the Court.

Class Counsel will ask the Court for an award of attorneys’ fees up to one-third (1/3) of the $714,705.68 Settlement Fund, and in addition to fees, will seek reimbursement of litigation expenses incurred through the Effective Date. Any award of attorneys’ fees and costs will be paid from the Settlement Amount. Class Counsel will also ask the Court for an award of no more than $5,000.00 for the Class Representative. The purpose of the Class Representative Award is to compensate the Class Representative for their time, efforts, and risks taken on behalf of the Settlement Class. Any Class Representative Award payment to the Class Representative will be paid from the Settlement Amount. The Court may award less than these amounts. Class Counsel’s Motion for attorneys’ fees and expenses will be available in the Important Documents page of this website once it has been filed.

To exclude yourself from the settlement, you must submit a request for exclusion by 11:59 p.m. EST on September 13, 2024. Although this deadline has passed, you may request by mailing otherwise or delivering a letter (or request for exclusion) stating that you want to be excluded from the Charles v. Color Factory, LLC, Civil Action No. 1:24-cv-00322-JSR settlement. Your letter or request for exclusion must also include your name, your address, a statement that you purchased electronic tickets to Color Factory NYC from Defendant’s Website, from August 29, 2022 through and including January 23, 2024; and paid a convenience fee in connection with such purchase, your signature, the name and number of this case, and a statement that you wish to be excluded. If you choose to submit a request for exclusion by mail, you must mail or deliver your exclusion request, postmarked no later than September 13, 2024, to the following address:

Color Factory NYC Ticket Fee Settlement
c/o Epiq
PO Box 2790
Portland, OR 97208-2790

No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this settlement.

No. If you exclude yourself, you cannot receive a cash payment. However, you may sue, continue to sue, or be part of a different lawsuit against the Color Factory.

Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing November 6, 2024, at 4:00 p.m. in Courtroom 14B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. The purpose of the hearing will be for the Court to determine whether to approve the settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for an incentive award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the settlement. The hearing may be postponed to a different date or time without notice, so it is a good idea to check this website for updates or call (888) 495-4585. If, however, you timely objected to the settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.

No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Charles v. Color Factory, LLC, Civil Action No. 1:24-cv-00322-JSR.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than September 13, 2024, and be sent to the following addresses:

If you are a member of the Settlement Class, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the settlement in Charles v. Color Factory, LLC, Civil Action No. 1:24-cv-00322-JSR, and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a member of the Settlement Class, the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below.

Class Counsel will file with the Court and post on this website its request for attorneys’ fees by August 30, 2024.

If you want to appear and speak at the Final Approval Hearing to object to the settlement, with or without a lawyer (explained above in answer to FAQ 19), you must say so in your letter or brief. File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, at the addresses below, postmarked no later than September 13, 2024.