Susan Wang and Rene’ Lee v. StubHub, Inc.

Case No. CGC18564120

The Superior Court of the State of California, County of San Francisco

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why is there a notice?

    A Court authorized the notice because you have a right to know about the 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.

    Judge Andrew Y.S. Cheng of the Superior Court of the State of California in and for the County of San Francisco is overseeing this case. The case is known as Susan Wang and Rene’ Lee v. StubHub, Inc., Case No. CGC18564120, (the “Action”). The people who sued are called the “Plaintiffs.” The Defendant is StubHub Inc. (“StubHub”).

  3. What is this lawsuit about?

    The lawsuit alleges that StubHub’s method of displaying ticket fees charged to purchasers violated California consumer protection laws. Specifically, the lawsuit alleges that displaying fees for the first time at the end of the purchase process (at checkout) was improper, and that StubHub should have disclosed that it profited from certain fees. The causes of action asserted in the complaint are for violations of California Business and Professions Code section 17500, violations of California Business and Professions Code section 17200, and violations of the California Consumers Legal Remedies Act, Civil Code section 1750. The complaint contains all of the allegations and claims asserted against StubHub and can be obtained from this Settlement Website, or by making a written request of the Settlement Administrator following the instructions in Question 21 below.

    StubHub denies the allegations asserted in the Action and denies any wrongdoing or liability whatsoever. The proposed Settlement is not an admission of guilt or any wrongdoing by StubHub.

  4. Why is this a class action?

    In a class action, one or more people called class representatives (in this case, Plaintiffs Susan Wang and Rene’ Lee) sue on behalf of people who have similar claims. The people included in the class action are called the Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those who timely exclude themselves from the Settlement Class.

  5. Why is there a Settlement?

    The Court has not decided in favor of either the Plaintiff or StubHub. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described in the notice. The Class Representative and Class Counsel believe the Settlement is best for everyone who is affected.

  6. WHO IS IN THE SETTLEMENT?

    To see if you will be affected by the Settlement or if you are eligible to receive an award of cash or credit, you first have to determine if you are a Settlement Class member.

  7. Who is included in the Settlement?

    The Class includes all persons who between September 1, 2015 and September 1, 2019, (1) while in California, (2) purchased at least one ticket from StubHub, (3) using the StubHub website or mobile website. Consumers who bought tickets through StubHub’s mobile app are excluded from the Class.

    Also excluded from the Class are the Judge presiding over this Action and members of the Court’s staff, StubHub, and Defense Counsel. Class membership is subject to validation and will be determined by whether StubHub has a record of the Class Member purchasing at least one ticket from StubHub using its website or mobile website. If you received a notice via email or postcard, this indicates that StubHub has a record of a class purchase associated with your email or physical address. You may contact the Settlement Administrator if you have any questions as to whether you are in the Class.

  8. THE SETTLEMENT’S BENEFITS

  9. What does the Settlement provide?

    If you are a Class Member, you are eligible to receive either an award of cash or an account credit, by submitting a timely and valid Claim Form.

    All Class Members who do not opt-out of the Class Settlement and submit a valid and timely Claim Form shall receive either (1) an unrestricted credit valid for three years towards a future StubHub ticket purchase or (2) cash in the form of an electronic payment to be issued by the Settlement Administrator.

    StubHub has agreed to issue a total of $20,000,000 in credits for valid Credit Claims and pay up to $2,500,000 in cash for valid Cash Claims. The actual amount of the credit or cash settlement award distributed to each Class Member will be determined by the number of qualifying Claims approved by the Settlement Administrator. The Cash Claims will be calculated such that if the total Cash Claims would exceed $2,500,000 if paid at $20 per claim, then the cash payout for each class member will be reduced pro rata to not exceed the Cash-Claims Made Settlement Amount of $2,500,000. The Credit Claim will be calculated such that $20,000,000 in total unrestricted credits are fully issued to Settlement Class Members who submit a valid Credit Claim.

    If the Settlement Class Member chooses to submit a Cash Claim instead of a Credit Claim, the most he or she can receive is $20 per Settlement Class Member, and it is possible that Settlement Class Members who submit Cash Claims will receive less than $20 (depending on the number of valid Cash Claims).

    The valid Cash Claims may result in the Class Member receiving less than $20 because if the total Cash Claims to be paid at $20 per claim exceed the $2,500,000, then the Cash Claims will need to be reduced pro rata in order to not exceed the $2,500,000 amount. In other words, if a high percentage of Settlement Class Members make valid claims for cash, then the amount of Cash awards paid to each Settlement Class Member may be less than $20 in Cash because the amount distributed to Settlement Class Members cannot exceed $2,500,000.00.

    The reason why $20 is the most that a Settlement Class Member who chooses a cash payment can receive is because, in light of the risks of litigation and the uncertainty of a recovery of trial, the Parties agreed to compromise and cap cash payments under the Settlement at $20. Settlement Class Members who opt for a credit award rather than a cash payment may receive a significantly greater amount towards future ticket purchase on StubHub.

    A Settlement Class Member will likely receive a larger award if he or she elects to receive credit over a cash payment.

    To receive a Cash Claim payment, a Settlement Class Member must submit a claim by submitting a Claim Form through the settlement website or by mail. Settlement Class Members will be able to choose their method of payment on the Claim Form from the following options: direct deposit, PayPal, Venmo, or a check sent via U.S. mail. If a check is issued, it shall be valid for 180 days after the date of issuance. If the check has not been cashed after 180 days, the check will be voided.

    If a Settlement Class Member chooses to submit a Credit Claim, the credit amount is estimated to range from $80 to $133 per Class Member who chose credit over a cash payment. To receive a Credit Claim, a Settlement Class Member must submit a claim by submitting a Claim Form through the settlement website or by mail. The Credit amount will be credited to the Credit Claimant’s StubHub account. The Credit Claimant will be able to redeem Credit by signing into their account and applying the Credit at checkout. If a Claimant does not have an account, they will receive instructions to create one and insert a unique code to redeem the Credit. The Credit will be valid towards a future StubHub purchase with no restrictions, valid for three years.

    The exact amount of Settlement Class Members’ awards for Credit Claims and Cash Claims cannot be determined at this time. The exact amount cannot be determined until the notice process is complete and the Court makes a final decision on the amount of attorneys’ fees (i.e., the amount of compensation for legal services provided by the Settlement Class Counsel), reimbursable costs and expenses awarded to Class Counsel (i.e., the costs and expenses incurred to litigate the case that Class Counsel may be reimbursed for), and any Service Awards to the Class Representatives (i.e., funds that may be awarded to the Class Representatives to compensate them for their participation in the Action), and until the Settlement Administrator has received and validated the total number of claims.

    The Settlement Agreement is available here. You may also obtain a copy of the Settlement Agreement by writing to Wang v StubHub Settlement, c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. You can also view a copy of the Settlement Agreement and other case filings by visiting (https://www.sfsuperiorcourt.org/online-services), which provides access to the full docket in this case free of charge. At this webpage, click “Case Query” in the left sidebar or in the body of the page. Then, enter the Case Number: CGC-18-564120. The full docket, along with other information, will be displayed. You can talk to the law firms representing the Class listed below in Question 12 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.

  10. How do I receive a payment or account credit?

    To qualify for a Settlement award, you must send in a Claim Form. A Claim Form is available by clicking HERE. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by June 25, 2022, or submit it online on or before 11:59 p.m. (Pacific) on June 25, 2022.

    If there is an issue with your Claim Form, prior to rejection of the Claim Form, the Settlement Administrator will communicate with you to remedy curable deficiencies in the Claim Form submitted, except in instances where the Claim is untimely, clearly fraudulent, or clearly uncurable.

  11. What am I giving up to stay in the Settlement Class?

    Unless you exclude yourself from the Settlement, you are staying in the Class and cannot sue or be part of any other lawsuit against StubHub, or the other Released Parties, about the fees and claims at issue in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court in this case regarding the Settlement will bind you. If you do nothing at all, you will be releasing StubHub and the other Released Parties from all of the claims described and identified in Section 3.3 of the Settlement Agreement (the “Releases”). If you stay in the settlement class, you agree to the releases set forth in paragraphs 3.3.1 of the Settlement Agreement:

    Upon the Effective Date, and in consideration of the promises and covenants set forth in this Settlement Agreement, the Class Representatives and each Settlement Class Member release any and all claims Plaintiffs and the Settlement Class has or may have against StubHub, and each of its present, former, and future parents, predecessors, successors, assigns, assignees, affiliates, conservators, divisions, departments, subdivisions, owners, partners, principals, trustees, creditors, shareholders, joint ventures, co-venturers, officers, and directors (whether acting in such capacity or individually), attorneys, vendors, accountants, nominees, agents (alleged, apparent, or actual), representatives, employees, managers, administrators, and each person or entity acting or purporting to act for them or on their behalf, including, but not limited to, all of its subsidiaries and affiliates (collectively, “Releasees”) with respect to any claim or issue, whether known or unknown, relating to or arising out of any of the claims that were asserted in the Action, and any allegations, acts, transactions, facts, events, matters, occurrences, representations, statements, or omissions that were or could have been set forth, alleged, referred to, or asserted in the Action, and whether assertable in the form of a cause of action or as a private motion, petition for relief or claim for contempt, or otherwise, and in any court, tribunal, arbitration panel, commission, agency, or before any governmental and/or administrative body, or any other adjudicatory body, or any other federal, state, local, statutory or common law or any other law, rule, regulation, ordinance, code, contract, common law, or any other source, including the law of any jurisdiction outside the United States (including both direct and derivative claims), including any and all claims for damages, injunctive relief, interest, attorney fees, and litigation expenses.

    The Parties hereby waive any and all rights and benefits arising out of the facts alleged in the Action by virtue of the provisions of Civil Code § 1542, or any other provision in the law of the United States, or any state or territory of the United States, or principle of common law or equity that is similar, comparable or equivalent to Civil Code § 1542, with respect to this release. The Parties are aware that Civil Code § 1542 provides as follows:

    General release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

    Although the releases granted under this Agreement are not general releases, Plaintiffs, on behalf of themselves and of all Class Members, nonetheless expressly acknowledge that Plaintiffs and the Class Members are waiving the protections of Cal. Civ. Code § 1542 as to the Class Members’ Release only. The Parties expressly acknowledge that they may hereafter discover facts in addition to or different from those which they now know or believe to be true with respect to the subject matter of the released claims described above, but the Plaintiffs and the Settlement Class Members, upon the Effective Date, shall be deemed to have, and by operation of law shall have, fully, finally and forever settled, released, and discharged any and all Released Claims known or unknown, suspected or unsuspected, whether or not concealed or hidden, that now exist or heretofore have existed upon any theory of law or equity, including, but not limited to, Released Claims based on conduct that is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts. The Parties agree that the Released Claims constitute a specific and not a general release.

    The Parties shall be deemed to have agreed that the release set forth above will be and may be raised as a complete defense to and will preclude any action or proceeding based on the Released Claims. The Parties agree that all Settlement Class Members are barred from bringing a future claim against StubHub on the same or similar facts and theories alleged in the operative complaint in this Action.

    As of the Effective Date, by operation of entry of the Final Order and Judgment, the Released Parties shall be deemed to have fully released and forever discharged Plaintiffs, all other Class Members and Class Counsel from any and all claims of abuse of process, malicious prosecution, or any other claims arising out of the initiation, prosecution or resolution of the Action, including, but not limited to, claims for attorneys’ fees, costs of suit or sanctions of any kind, or any claims arising out of the allocation or distribution of any of the consideration distributed pursuant to this Agreement.

    The above release provides that you have given up your right to file a lawsuit about StubHub’s ticket fees. The inclusion of Cal. Civ. Code. § 1542 means that you also release unknown claims that may be later discovered about these allegations.

  12. EXCLUDING YOURSELF FROM THE SETTLEMENT

    If you do not want benefits from the Settlement, and you want to keep the right to sue StubHub on your own about the fees at issue in this Action, then you must take steps to get out of the Settlement. This is called excluding yourself — or it is sometimes referred to as “opting-out” of the Settlement Class.

  13. How do I get out of the Settlement?

    You may exclude yourself from the Class and the Settlement. If you want to be excluded, you may complete the form located HERE and submit it online or print it and mail it to the Settlement Administrator. The Opt-Out Form must be submitted online or, if received by mail, post marked no later than the date set forth below. You may also send a letter or postcard to the Settlement Administrator that includes the following:

    • Your name, address, and telephone number;
    • A clear request that you would like to “opt-out,” or be “excluded,” or other words clearly indicating that you do not want to participate in the Settlement; and,
    • Your signature.

    You must mail your exclusion request, postmarked no later than May 17, 2022 to:

    Wang v StubHub Settlement
    Attn: Exclusions
    P.O. Box 58220
    Philadelphia, PA 19102

    In the event there are any technical deficiencies in the opt-out form or letter/postcard you send to the Settlement Administrator, the Settlement Administrator will contact you to resolve the deficiency on your Claim Form.

  14. If I do not exclude myself, can I sue StubHub for the same thing later?

    No. Unless you exclude yourself, you give up the right to sue StubHub for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to try to pursue your own lawsuit.

  15. If I exclude myself from the Settlement, can I still receive a payment?

    No. If you exclude yourself from the Settlement, you will not have any rights under this Settlement, will not be entitled to receive a settlement award, and will not be bound by this Settlement Agreement or the Final Approval Order.

  16. THE LAWYERS REPRESENTING YOU

  17. Do I have a lawyer in this case?

    The Court has appointed Tycko & Zavareei LLP to represent you and others in the Class as “Class Counsel.”

    Class Counsel will represent you and others in the Class. 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.

  18. How will the lawyers be paid?

    Payments to Class Counsel for fees and reimbursable costs, to the Class Representatives, and to the Settlement Administrator will all be paid separately by StubHub. As a result, the amounts of payments to Class Counsel, the Class Representatives and the Settlement Administrator will not affect and will not be taken from the amount that is paid to Class Members. Class Counsel intends to request up to $3,250,000, including approximately $2,800,000 in attorney’s fees incurred in researching, preparing for, prosecuting and litigating this Action, and for reimbursement of reasonable costs and expenses incurred in the Action that are currently estimated to be $150,000, plus additional amounts for the total Notice and Other Administrative Costs and Service Awards, as approved by the Court. Class Counsel will also request that a $10,000 Service Award be paid from the Settlement Amount to the Class Representatives for their services to the entire Settlement Class.

  19. OBJECTING TO THE SETTLEMENT

  20. How do I tell the Court that I do not like the Settlement?

    If you are a Class Member, and you do not choose to “opt-out” or exclude yourself from the Settlement, you can object to any part of the Settlement, including the Settlement as a whole, Class Counsel’s requests for fees and expenses and/or Class Counsel’s request for a Service Award for the Class Representatives.

    To object to the Settlement without appearing at the Final Approval Hearing, you must send a letter that includes the following:

    • Your name, address, email address, and telephone number;
    • Your signature; and
    • A clear statement that you would like to “object,” or other words clearly indicating that you do not think the Settlement as a whole, Class Counsel’s requests for fees and expenses and/or Class Counsel’s request for a Service for the Class Representative should be approved. To support your objection, you may retain your own counsel and/or include a statement of legal support.

    To have your written objection considered, you must mail your objection, postmarked no later than May 17, 2022 to:

    Wang v StubHub Settlement
    Attn: Objections
    P.O. Box 58220
    Philadelphia, PA 19102

    Even if you do not send in a written objection, you may attend the Final Approval Hearing at 2:00 p.m., on June 30, 2022, in Department 613 of the San Francisco Superior Court, 400 McAllister Street, San Francisco, California, 94102. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and you may ask the Court to be heard, and then tell the Court that you object to the settlement.

    In the event there are any technical deficiencies in the objection you send to the Settlement Administrator, the Settlement Administrator will contact you to resolve the deficiency at the email address you provide.

  21. What is the difference between objecting and excluding?

    Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you. If you object to the Settlement, you may also submit a Claim Form on or before the Claim Deadline.

    If you submit a request for exclusion, you are no longer part of the Settlement Class. As a result, you cannot object to the Settlement. That means if you submit an opt out form and an objection, your objection will not be considered because you will no longer be part of the Settlement Class.

  22. THE COURT’S FINAL APPROVAL HEARING

    The Court will hold a Final Approval Hearing to decide whether to approve the Settlement, and the request for attorneys’ fees, expenses, and a Service Award for the Class Representatives. You may attend and you may ask to speak, but you do not have to do so.

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

    The Court will hold a Final Approval Hearing at 2:00 p.m., on June 30, 2022, in Department 613 of the San Francisco Superior Courthouse, 400 McAllister Street, San Francisco, California, 94102. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider any request by Class Counsel for attorneys’ fees and expenses and for a Service Award for the Class Representative. If there are objections, the Court will consider them at this time. After the hearing, the Court will decide whether to approve the Settlement. We do not know when the Court will make its decision. The Court may elect to move the Final Approval Hearing to a different date or time in its sole discretion, without providing further Notice to the Class. The date and time of the Final Approval Hearing can be confirmed on this website.

  24. Do I have to come to the hearing?

    No. Class Counsel will answer any questions the Court may have. The hearing is free but if you wish to attend the hearing, any travel expenses associated with attendance are at your own expense. If you send an objection, you do not have to appear in Court to talk about it. As long as you submit your written objection on time, to the proper address and it complies with the requirements set forth previously, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

  25. May I speak at the hearing?

    Yes, you may ask the Court for permission to speak at the Final Approval Hearing.

  26. IF YOU DO NOTHING

  27. What happens if I do nothing at all?

    You will not receive a Settlement award under the Settlement. You will also give up your right to object to the Settlement and you will not be able to be part of any other lawsuit against StubHub about the legal claims in this case.

  28. GETTING MORE INFORMATION

  29. How do I get more information?

    This detailed notice summarizes the proposed Settlement. More details can be found in the Settlement Agreement. You can obtain a copy of the Settlement Agreement HERE or by writing to Wang v. StubHub Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. You can also view a copy of the Settlement Agreement and other case filings by visiting (https://www.sfsuperiorcourt.org/online-services), which provides access to the full docket in this case free of charge. At this webpage, click “Case Query” in the left sidebar or in the body of the page. Then, enter the Case Number: CGC-18-564120. The full docket, along with other information, will be displayed. Do not contact StubHub or the Court for information.