- Why should I read the Notice?
- What is this lawsuit about?
- Why is the lawsuit a class action?
- Why is there a settlement?
- Am I part of the Settlement?
- Am I also part of a Consumer Product Safety Commission/Health Canada Recall?
- What does the Settlement provide?
- What else does the Settlement provide?
- How do I deface my steamer?
- How can I get my cash payment or HSN voucher?
- Do I have lawyers in this case?
- How will the lawyers be paid?
- How do I get out of the Settlement?
- How do I tell the Court that I don’t like the Settlement?
- What’s the difference between objecting and asking to be excluded?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- Are there more details about the Settlement?
Why should I read the Notice?
If you purchased any Joy/JM-branded My Little Steamer from January 1, 2002 through December 31, 2020, you are a member of the Settlement Class. The Long Form Notice provides details regarding the class action lawsuit, the proposed Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get the benefits.
The Court in charge of this case is the United States District Court for the Eastern District of New York. The lawsuit is known as Melissa Fiore, et al. v. Ingenious Designs, LLC, Case No. 1:18-cv-07124-ENV-ST. The persons who sued are called “Plaintiffs,” and entities who were sued, Ingenious Designs, LLC (“IDL”) and HSN, Inc. (“HSN”), are called the “Defendants.”Back To Top
What is this lawsuit about?
This lawsuit includes claims for alleged violation of consumer protections statutes, breach of warranty and a claim for unjust enrichment. Each of the asserted claims involve alleged safety concerns with portable clothing steamers sold under the name “Joy/JM-branded My Little Steamer.” HSN denies liability and the Court has not decided who is right.Back To Top
Why is the lawsuit a class action?
In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who may have similar claims. This group of people are referred to as a “Class” or “Class Members.” The people who sue – and all the Class Members like them – are called the “Plaintiffs.” The companies the Plaintiffs sued (Ingenious Designs, LLC (“IDL”) and HSN, Inc. (“HSN”) are called the “Defendants.” One court resolves the issues for everyone in the Class – except for those people who choose to exclude themselves from the Class. U.S. Magistrate Judge Steven Tiscione is in charge of this class action.Back To Top
Why is there a settlement?
The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. Plaintiffs and the Defendants have engaged in extensive arm’s-length negotiations, both through numerous conferences between the Parties’ counsel, and with the assistance of several independent mediators. The Parties reached a settlement agreement. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Class Representatives and their attorneys believe the Settlement is best for the Settlement Class and its members.Back To Top
Am I part of the Settlement?
You are a Class Member if you purchased any Joy/JM-branded My Little Steamer from January 1, 2002 through December 31, 2020. Excluded from the Settlement Class are the Judge to whom the Action is assigned and any member of the Court’s staff and immediate family.
If you are not sure if you are a member of the Settlement Class, please review the Long Form Notice and other settlement documents on the Important Documents page of this website.Back To Top
Am I also part of a Consumer Product Safety Commission/Health Canada Recall?
7. If you are member of the Settlement Class you are also covered by a voluntary recall involving the Steamers. HSN reached this agreement separately with the CPSC/Health Canada, and the voluntary recall is proceeding at the same time as the class action Settlement. The benefits available to you are identical under both agreements. You can only file one claim per Steamer – you cannot recover twice for the same Steamer. Duplicate claims will not be processed.Back To Top
What does the Settlement provide?
The Settlement provides cash payments or HSN vouchers to valid claimants depending on the Steamer you purchased, the date of purchase, and the sales documentation that you provide.
- For all Steamers purchased new from January 2018 through December 2020, Class Members who submit a valid claim will receive a full cash refund of the purchase price for each unit with proof of purchase and proof of ownership and destruction.
- For My Little Steamer Go Mini model steamers purchased new from January 2015 through December 2017, Class Members who submit a valid claim will receive an $8.00 cash refund for each unit with proof of purchase and proof of ownership and destruction.
- For My Little Steamer Deluxe model steamers purchased new from January 2015 through December 2017, Class Members who submit a valid claim will receive a $12.00 cash refund for each unit with proof of purchase and proof of ownership and destruction.
- For all Steamers purchased new prior to January 2015 or for Steamers where Class Members lack proof of purchase, Class Members who submit a valid claim will receive an $8.00 HSN voucher for each unit with proof of ownership and destruction.
If you were sent notice by mail or email, you were provided a unique identifying number in your notice that you can use to file your claim. This will serve as your proof of purchase. Alternatively, you can establish proof of purchase by providing the Claims Administrator a copy of a sales receipt.
Proof of ownership and destruction must be established by providing the Claims Administrator a photo of the Steamer with the body defaced (with permanent and prominent marking) and the electrical cord severed. If you file your claim online, there will be an easy way to upload this picture. Please read FAQ 9 for directions on how to deface your Steamer and cut the cord.
After you submit your completed your claim and received the applicable cash payment or voucher you should dispose of the Steamer in your household trash.
The payments set forth in the Class Action Settlement Agreement are the same payments set forth in the separate but related CPSC Corrective Action Plan. Class Members are only entitled to recover once for each Steamer unit.Back To Top
What else does the Settlement provide?
Defendants have ceased all manufacture, importation, distribution, and sale of the Steamers to/in the United States. On or about June 7, 2019, Defendants provided notice to all distributors and retailers to whom Defendants sold the Steamers to stop sale of the Steamers.Back To Top
How do I deface my steamer?
To submit a valid Claim Form you must show proof of ownership and proof of destruction of your steamer. Please follow the below steps:
- Deface the unit(s) with a permanent and prominent marking, e.g. writing “RECALLED” or “DEFECTIVE” in black marker on the unit;
- Cut the electrical cord to the unit making it inoperable; and
- Take a clear, readable photo of the defaced unit(s) to either be uploaded or attached with your Claim Form.
TO RECEIVE A CASH PAYMENT OR HSN VOUCHER FROM THIS SETTLEMENT, YOU MUST SUBMIT A CLAIM, INCLUDING PROOF OF OWNERSHIP AND PROOF OF DESTRUCTION.Back To Top
How can I get my cash payment or HSN voucher?
You must submit a completed Claim Form, along with your proof of ownership and proof of destruction of your steamer (see FAQ 9 for more information), to get your refund or HSN voucher. You can easily file your Claim online by visiting the Submit a Claim page of this website. You can also download a paper Claim Form, or get one by calling the Claims Administrator at 1-855-654-0942. If not submitted online, the completed Claim Form should be mailed to the following address:
My Little Steamer Claims Administrator
P.O. Box 3698
Portland, OR 97208-3698
Upon receiving a completed claim form, the Claims Administrator will review the documentation and confirm or deny your eligibility for an award.Back To Top
Do I have lawyers in this case?
The Court has appointed attorney Christa L. Collins from the law firm Collins Law PL as Lead Class Counsel along with other attorneys that appeared on behalf of Plaintiffs in the case to represent you and the other Class Members. Together the lawyers are called Class Counsel. They are experienced in handling similar class action cases. You will not be charged for the services provided by these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
You may contact Lead Class Counsel at the information below if you have any questions about the Notice or the Settlement. Please do not contact the Court.
Lead Class Counsel:Back To Top
Christa L. Collins
How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees and costs up to $975,000. In addition, Class Plaintiffs will make application to the Court for an Incentive Award in the amount of $5,000 each for the time and effort they have invested in this Action, and for the benefits their efforts have provided to the Settlement Class. Any award of attorneys’ fees and costs and the Incentive Award to Class Plaintiffs will be paid separately by the Defendants and will not reduce the amounts paid to any Class Member who files a valid claim.Back To Top
How do I get out of the Settlement?
To exclude yourself from the Settlement, you must send a “Request for Exclusion” in the form of a letter that:
- Is signed by you;
- Includes your full name and address; and
- Includes the following statement: “I/we request to be excluded from the settlement in the Melissa Fiore, et al. v. Ingenious Designs, LLC lawsuit.”
You must mail your Request for Exclusion postmarked by August 4, 2021 to:
My Little Steamer Claims Administrator
P.O. Box 3698
Portland, OR 97208-3698
If you do not follow these procedures within the identified deadlines, you will remain a Class Member and lose any opportunity to exclude yourself from the Settlement. This means that your rights will be determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court.
Additionally, these details are also provided in the Long Form Notice.Back To Top
How do I tell the Court that I don’t like the Settlement?
If you’re a Class Member, 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. Note: You cannot ask the Court to require a different Settlement; the Court can only approve or reject the proposed Settlement. If the Court denies approval, no settlement awards will be sent out and the lawsuit will continue. If that is what you want to happen, you should object.
To object, you must send a letter. Be sure to include the following information:
- All documents establishing, or provide information sufficient to allow the Parties to confirm, that you are a Settlement Class Member, including providing your full name, address, and whether you intend to appear at the fairness hearing on you own behalf or through counsel;
- Include a statement of your specific objections;
- State the grounds for each objection and attach any documents supporting the objection; and
- A heading which includes the name of the case and the case number (Melissa Fiore, et al. v. Ingenious Designs, LLC, Case No. 1:18-cv-07124-ENV-ST).
Your objection must be submitted to the Court either by mailing (or by filing it at any location of the United States District Court for the Eastern District of New York) and served on Class Counsel and Defendant’s Counsel so it is received no later than August 4, 2021, to the following addresses:
Court Class Counsel Defense Counsel United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201
Christa Lianne Collins
Collins Law PL
433 Central Ave.
St. Petersburg, FL 33701
Winston & Strawn LLP
35 West Wacker Dr.
Chicago, IL 60601
If you timely file an objection it will be considered by the Court at the Final Approval Hearing. You do not need to attend the Final Approval Hearing for the Court to consider your objection.Back To Top
What’s the difference between objecting and asking to be excluded?
“Objecting” refers to the opportunity you have to tell the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. “Excluding yourself” means that you are 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 you are no longer part of the case.Back To Top
When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing by telephone at 11:00 a.m. Eastern Time on September 10, 2021. Individuals who wish to attend the Final Approval Hearing may connect to the conference by dialing 1-888-557-8511 and entering access code 3152145.
At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses. If there are objections, the Court will consider them. You do not need to attend this hearing. You also do not need to attend to have a comment or objection considered by the Court. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long the Court will take to make its decision regarding whether or not to approve the Settlement.
Please Note The date and time of the Final Approval Hearing are subject to change by Court Order. You should check this website or the Court’s PACER website, pacer.uscourts.gov/file-case/court-cmecf-lookup/court/NYEDC to confirm that the date and/or time have not changed.Back To Top
Do I have to attend the Final Approval Hearing?
No. Class Counsel will answer all questions the judge may have. You are, however, welcome to attend the hearing at your own expense. If you submit an objection, you do not have to attend the hearing to have your objection considered by the Court. The judge will consider your objection as long as you file it by the objection deadline referenced above. You may also pay your own lawyer to attend the court hearing, but it is not necessary to do so.Back To Top
May I speak at the Final Approval Hearing?
As long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay him or her yourself. To be heard at the Final Approval Hearing, the Settlement Class Member must make any objection in writing and file it with the Court by the Objection Deadline of August 4, 2021.
If you want to appear, you must: (i) file a notice of appearance with the Clerk of Court to the address in FAQ 14 above no later than twenty (20) days prior to the Final Approval Hearing, or as the Court may otherwise direct; and (ii) serve a copy of such notice of appearance on all counsel for all Parties to the addresses in FAQ 14.
If you hire an attorney to represent you individually, the attorney must (i) file a notice of appearance with the Court no later than twenty (20) days prior to the Final Approval Hearing, or as the Court may otherwise direct; and (ii) include with the notice of appearance a statement identifying all other class action cases in which the attorney has appeared either as counsel on behalf of an objecting class member or as lead counsel on behalf of a class, including the case style, case number, and court, (iii) include with the notice of appearance, a statement detailing the ultimate disposition of any objection filed by the attorney in any class action case and describe whether the objection was resolved for a payment of fees with no alteration to the underlying class action settlement agreement or, in the event the objection was resolved with an enhancement to the underlying class action settlement agreement, describe those enhancements and how the class action settlement was modified and (iv) serve a copy of the notice and statements on Class Counsel and Defendant's Counsel, by fax and first-class mail, no later than (20) days prior to the Final Approval Hearing.
Any Settlement Class Member who fails to comply with these requirements, and the requirements to object in general, will waive and forfeit any and all rights to appear separately and/or to object, and will be bound by all the terms of this Settlement, and by all proceedings, orders, and judgments in the litigation.Back To Top
Are there more details about the Settlement?
This website provides on a summary of the lawsuit. For more details, you may review a copy of the Long Form Notice, Settlement Agreement, or other documents associated with this case on the Important Documents page of this website. You may also call the Claims Administrator at 1-855-654-0942, or write to My Little Steamer Claims Administrator, P.O. Box 3698, Portland, OR 97208-3698 to request a copies of these documents by U.S. Mail.
PLEASE DO NOT TELEPHONE THE COURT, THE COURT’S CLERK OFFICE, OR HSN TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.Back To Top