Frequently Asked Questions
- Why was the Notice issued?
- What is a class action lawsuit?
- What is this lawsuit about?
- Why is there a settlement?
- How do I know if I am in the Settlement Class?
- What does the settlement provide?
- How do I make a claim?
- When will I get my payment?
- Do I have a lawyer in this case?
- Should I get my own lawyer?
- How will the lawyers be paid?
- What happens if I do nothing?
- What happens if I ask to be excluded?
- How do I ask to be excluded?
- If I don't exclude myself, can I sue Thinx for the same thing later?
- If I exclude myself, can I get anything from this settlement?
- How do I object to the settlement?
- What's the difference between objecting and excluding myself from the settlement?
- When and where will the Court hold the Final Approval Hearing on the fairness of the settlement?
- Do I have to come to the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- Where can I get additional information?
Why was the Notice issued?
A Court authorized the Notice to let you know about a proposed settlement with Thinx. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. The Notice explains the lawsuit, the settlement, and your legal rights.
Judge Jesse M. Furman of the U.S. District Court for the Southern District of New York is overseeing this class action. The case is known as Dickens, et al. v. Thinx Inc., No. 1:22-cv-4286-JMF. The people who sued are called "Plaintiffs" or "Class Representatives". The company they sued, Thinx Inc., is called the "Defendant".
To view a copy of the Notice, click here.Back To Top
What is a class action lawsuit?
In a class action, one or more people called "Plaintiffs" or "Class Representatives" sue on behalf of a group of people who have similar claims. In this case, these people together are called a Settlement Class. In a class action, the court resolves the issues for all members of the Settlement Class, except for those who exclude themselves from the Settlement Class. People who do not exclude themselves are called Settlement Class Members. After the parties reached an agreement to settle this case, the Court recognized it as a case that may be treated as a class action for settlement purposes.Back To Top
What is this lawsuit about?
The lawsuit involves Thinx Period Underwear and asserts allegations regarding short chain per- and polyfluoroalkyl substances ("PFAS"), Agion anti-microbial treatment, and the organic cotton line of the underwear.
Thinx denies all of the allegations made in the lawsuit and denies that Thinx did anything improper or unlawful. With respect to PFAS, Thinx confirms that PFAS have never been a part of its product design, and that it will continue to take measures to help ensure that PFAS are not intentionally added to Thinx Period Underwear at any stage of production. The proposed settlement is not an admission of guilt or wrongdoing of any kind by Thinx.
More information is available in the Complaint.Back To Top
Why is there a settlement?
The Court has not decided whether the Plaintiffs or the Defendant should win this case. Instead, both sides agreed to a settlement. The Class Representatives and their attorneys ("Class Counsel") believe that the settlement is in the best interests of the Settlement Class.Back To Top
How do I know if I am in the Settlement Class?
The Settlement Class includes all natural persons who purchased, not for resale, the following Thinx Period Underwear in the United States from November 12, 2016 to November 28, 2022: Cotton Brief, Cotton Bikini, Cotton Thong, Sport, Hiphugger, Hi-Waist, Boyshort, French Cut, Cheeky, and Thong ("Thinx Period Underwear"). Excluded from the Settlement Class are Thinx; its parents, subsidiaries, affiliates, officers, directors, and employees; any entity in which Thinx has a controlling interest; and any Judge presiding over this Action and the members of the Judge's immediate family.Back To Top
What does the settlement provide?
As part of the settlement, Thinx has agreed to pay $4 million into a cash fund to pay Settlement Class Members who submit valid claims, as well as any court approved attorneys' fees, expenses and service awards to Class Representatives. Thinx has agreed to provide up to an additional $1 million if needed to cover valid claims.
Settlement Class Members who submit a valid claim have the option to choose either cash reimbursement for past purchases (up to 3 pairs total) or a single-use voucher towards a future purchase of eligible Thinx underwear. The specific options are:
- Cash reimbursement: You may receive a $7.00 refund for each purchase of up to 3 pairs of Thinx Period Underwear reflected in Thinx's records, or for which you provide a valid proof of purchase (for a total of up to $21.00). Your Claim Form will indicate whether Thinx has a record of your purchases or you need to provide proof of purchase.
- Cash reimbursement without proof of purchase: You may receive a $3.50 refund for each purchase of up to 3 pairs of Thinx Period Underwear that are not reflected in Thinx's records and for which you do not have proof of purchase (for a total of up to $10.50), but which you attest to purchasing under penalty of perjury.
Voucher: You may choose to receive a voucher for a discount of 35% off future purchases of up to $150 of Eligible Voucher Products in a single purchase transaction on the Thinx website (thinx.com) (maximum discount $52.50). Please see below for a list of Eligible Voucher Products for which the voucher can be used:
- Air Bikini
- Air Hiphugger
- French Cut
- Heavy Boyshort
- Heavy Hi-Waist
- Heavy Hiphugger
- Modal Cotton Bikini
- Modal Cotton Boyshort
- Modal Cotton Brief
- Modal Cotton Thong
- Modal Heavy Cotton Brief
- Modal Super Cotton Brief
- Super Hi-Waist
- Super Hiphugger
Please Note: Vouchers are not transferable, subject to standard terms and conditions, and will be valid for six months from the date of issuance. Vouchers may be used on full-price Eligible Voucher Products, and may not be combined with any other offers, discounts, or promotions.
If Thinx does not have a record of your past purchases of Thinx Period Underwear, your Claim Form will require you to provide proof of purchase or attest under penalty of perjury to having made the purchases.
If the net cash fund (including the replenishment amount of up to $1 million) is not sufficient to pay all Valid Claims for cash reimbursement, payments to Settlement Class Members who submit a Valid Claim for cash reimbursement will be prorated and the payment amounts may be reduced. Vouchers will not be counted in calculating the amount of total Valid Claims.
As part of the settlement, Thinx has also agreed to provide the following non-monetary relief:
- Thinx will take measures to help ensure that per- and polyfluoroalkyl substances ("PFAS") are not intentionally added to Thinx Period Underwear at any stage of production. These measures will entail maintaining production controls, including material reviews.
- Thinx will continue to have suppliers of raw materials for Thinx Period Underwear review and sign a Supplier Code of Conduct and Chemical Supplier Agreement, which require suppliers to attest that PFAS are not intentionally added to Thinx Period Underwear.
- Thinx will disclose the use of anti-microbial treatments, including Agion, and the purpose for which anti-microbial treatments are used, including, if applicable, as odor control treatments, on its website. In addition, Thinx will agree not to refer to the anti-microbial components of Agion as "non-migratory."
How do I make a claim?
Settlement Class Members may file a claim online by clicking here. Claims can also be submitted by mail by downloading a copy of the Claim Form here, or by calling 1-888-501-8492 (toll-free) to request a copy be sent to you. Claim Forms must be submitted electronically or postmarked no later than April 12, 2023.
If you appear in Thinx's records as having purchased Thinx Period Underwear, you will receive an email or postcard with a "Claim Number" and PIN that you can use to pre-populate an online Claim Form. Use your Claim Number so that your Claim Form will show whether Thinx has a record of your purchases.
If you do not appear in Thinx's records as having purchased Thinx Period Underwear, or Thinx's records show less than the number of purchases for which you are claiming cash reimbursement (maximum three pairs), you will need to provide additional information, including reasonable documentation showing that you purchased Thinx Period Underwear or a declaration under penalty of perjury attesting to your purchases.
The Claim Form will explain the information that is required and the acceptable forms of documentation for proof of purchase. You will be required to elect whether to receive either cash reimbursement or the voucher on your Claim Form.Back To Top
When will I get my payment?
The Court will hold the Final Approval Hearing on June 7, 2023, at 4:00 p.m. Eastern Standard Time, to decide whether to approve the settlement. The Court may move the Final Approval Hearing to a different date or time without providing further Notice to the Settlement Class. The date and time of the Final Approval Hearing can be confirmed on this website. If the settlement is approved, there may be appeals. The appeal process can take time. If there is no appeal, your Class Benefit will be processed promptly. Please be patient.
Updates regarding the settlement and when payments will be made will be posted on this website.Back To Top
Do I have a lawyer in this case?
Yes, the Court has appointed lawyers Erin Ruben, Hunter Bryson, Harper Segui, and Rachel Soffin of Milberg Coleman Bryson Phillips Grossman PLLC as the attorneys to represent you and other members of the Settlement Class. These attorneys are called "Class Counsel."
In addition, the Court appointed Plaintiffs Nicole Dickens, Haleh Allahverdi, Haley Burgess, Jillian Blenis, and Lili Mitchell to serve as the Class Representatives. They are members of the Settlement Class like you. Class Counsel's contact information is as follows:
Erin Ruben Telephone: 1-919-600-5000; Email: ERuben@Milberg.com
Rachel Soffin Telephone: 1-865-864-8541; Email: RSoffin@Milberg.comBack To Top
Should I get my own lawyer?
You don't need to hire your own lawyer because Class Counsel is working on your behalf at no additional cost to you. If you want your own lawyer, you will have to pay that lawyer. For example, you can ask your lawyer to appear in Court for you at your own expense if you want someone other than Class Counsel to represent you.Back To Top
How will the lawyers be paid?
Class Counsel will ask the Court for attorneys' fees and expenses totaling up to $1.5 million and will also request service awards of up to $2,500 for each of the five named Plaintiffs (totaling up to $12,500). The Court may award less than the amounts requested by Class Counsel and Plaintiffs, and any money not awarded from these requests will stay in the settlement fund to pay Settlement Class Members. Costs of notice and settlement administration, the Attorneys' Fees and Expenses Payment, and service awards to the named Plaintiffs will be paid out of the $4 million cash fund, if approved by the Court.Back To Top
What happens if I do nothing?
If you do nothing, you will not receive anything from the settlement, and you will be legally bound by all orders and judgments of the Court. Unless you exclude yourself, you won't be able to start a lawsuit or be part of any other lawsuit against Thinx for any claim released by the settlement.Back To Top
What happens if I ask to be excluded?
If you exclude yourself from the settlement, you can't claim any money or receive any benefits as a result of the settlement. You will not be bound by any orders and judgments of the Court. You will be able to start a lawsuit or be part of another lawsuit against Thinx for claims released by the settlement.Back To Top
How do I ask to be excluded?
You can ask to be excluded from the settlement. To do so, you may submit request for exclusion either online by clicking here or by sending written request by U.S. Mail clearly stating that you want to be excluded from the settlement in Dickens, et. al. v. Thinx, Inc., No. 1:22-cv-4286-JMF. Your letter must include your name, address, and your signature. You must submit your exclusion request online or mail your exclusion request postmarked no later than April 12, 2023 to:
Dickens et al. v. Thinx Inc.
P.O. Box 3689
Portland, OR 97208-3689
You can't exclude yourself via phone, fax, or email.Back To Top
If I don't exclude myself, can I sue Thinx for the same thing later?
No. Unless you exclude yourself, you give up any right to sue or continue to sue Thinx for any claim regarding the subject matter of the claims in this case.
That means that if you don't exclude yourself, you and your respective heirs, executors, administrators, representatives, agents, partners, successors, and assigns ("Releasing Parties") will release Thinx, its past or present parent, sister, and subsidiary corporations, affiliated entities, predecessors, successors, assigns, and any of their present and former directors, officers, employees, shareholders, agents, partners, licensors, privies, representatives, attorneys, accountants, and all persons acting by, through, under or in concert with them ("Released Parties") from any and all liabilities, claims, cross-claims, causes of action, rights, actions, suits, debts, liens, contracts, agreements, damages, costs, attorneys' fees, losses, expenses, obligations, or demands, of any kind whatsoever, whether state or federal, whether known or unknown, existing or potential, or suspected or unsuspected, whether raised by claim, counterclaim, setoff, or otherwise, including any known or unknown claims, which you have or may claim now or in the future to have, that have been or could have been asserted in the Action (the "Released Claims"). The Released Claims exclude claims for personal injury.
For more information on the Released Claims, please see the Settlement Agreement.Back To Top
If I exclude myself, can I get anything from this settlement?
No. If you exclude yourself, you give up the right to receive any Class Benefits from the settlement.Back To Top
How do I object to the settlement?
If you are a member of the Settlement Class and you do not exclude yourself, you can object to the settlement if you don't like any part of it. You can also object to Class Counsel's request for attorneys' fees and expenses and/or to the service award for the Class Representatives. The Court will consider your views.
Your objection and supporting papers must be in writing and must include: a caption or title that identifies it as "Objection to Class settlement in Dickens, et al. v. Thinx Inc., Case No. 1:22-cv-4286- JMF;" your name, address, and telephone number; all grounds for the objection, with any factual and legal support for each stated ground; the identity of any witnesses you may call to testify; copies of any exhibits that you intend to introduce into evidence at the Final Approval Hearing; and a statement of whether you intend to appear at the Final Approval Hearing with or without counsel.
To be timely, the objection must (a) be submitted to the Court either by filing it in person at any location of the United States District Court for the Southern District of New York or by mailing it to 40 Foley Square, New York, NY 10007, and (b) be filed or postmarked on or before April 12, 2023.
If you do not timely file with the Court a written objection in accordance with these requirements, you will give up any and all rights you may have to object, appear, present witness testimony, and/or submit evidence; be barred from appearing, speaking, or introducing any testimony or evidence at the Final Approval Hearing; be precluded from seeking review of the settlement or Settlement Agreement by appeal or other means; and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the lawsuit.
Class Counsel will file with the Court and post on this website its request for attorneys' fees and expenses and service awards when available.Back To Top
What's the difference between objecting and excluding myself from the settlement?
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 (i.e., you don't exclude yourself from the settlement). Excluding yourself from the Settlement Class is telling the Court that you don't want to be part of the settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.Back To Top
When and where will the Court hold the Final Approval Hearing on the fairness of the settlement?
The Final Approval Hearing will be held on June 7, 2023, at 4:00 p.m. Eastern Standard Time via telephone. At the Final Approval Hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including the amount requested by Class Counsel for attorneys' fees and expenses and the service award to the Class Representatives.
The date and time of the Final Approval Hearing, as well as whether the hearing will be conducted in person or by remote access, are subject to change by Court order, but any changes will be posted on this website, or through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.nysd.uscourts.gov.Back To Top
Do I have to come to 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, you don't have to come to court to talk about it. As long as your written objection was filed with the Court on time and meets the other criteria described above, the Court will consider it. You may also pay another lawyer to attend, but you don't have to.Back To Top
May I speak at the Final Approval Hearing?
If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed settlement by asking to speak in your objection by following the instructions in FAQ 17.Back To Top
Where can I get additional information?
This website and the Notice summarize the proposed settlement. For the precise terms and conditions of the settlement, please see the Settlement Agreement, along with other court documents, available on the Important Documents page of this website. You may also access the Court docket in this case through the Court's PACER system at https://ecf.nysd.uscourts.gov, or visit the Office of the Clerk of the Court for the United States District Court for the Southern District of York, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
If you have additional questions you can contact the Settlement Administrator by calling 1-888-501-8492 (toll-free), or by contacting Class Counsel, whose information is available in FAQ 9.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.Back To Top