Cumor v. European Wax Center

Two individuals filed a class action lawsuit in Florida state court, alleging that European Wax Center, a provider of waxing services, eavesdropped on its online customers in violation of federal and state privacy laws. Shortly after filing their complaint in Florida state court, the plaintiffs moved for approval of a proposed class-action settlement. The court granted preliminary approval of the settlement.

Representing three class members, we filed objections urging the court to deny final approval of the proposed settlement. The objection explains that the settlement is not fair, adequate, and reasonable for three reasons. First, the settlement would require class members to provide information on a claim form that is practically impossible for class members to have—the historical IP address that was used, months or years ago, when a class member booked an appointment on European Wax Center’s website. Second, the settlement would unfairly allow unpaid settlement funds to revert to European Wax Center. Third, the settlement includes a “clear sailing” provision under which European Wax Center agreed not to object to Class Counsel’s attorney fee request.