Frequently Asked Questions

You received the Notice because a Settlement has been reached in this Action. You might be a member of the Settlement Class and may be eligible for the relief detailed below.

The Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in the Notice), see FAQ 20. 

Plaintiffs Stephanie Aberl, Diana Vasquez, and Shannon Custer (the “Named Plaintiffs”) filed a lawsuit (the “Action”) against Ashley Global Retail, LLC (“Ashley”), on behalf of themselves and all others similarly situated. The Action alleges that Ashley engaged in deceptive advertising by advertising purportedly improper discounts on merchandise sold on its website, ashleyfurniture.com, and in its corporate owned brick and mortar store locations (excluding Stoneledge brick and mortar stores in California).

Ashley denies each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. Ashley further denies that any Class Member is entitled to any relief and, other than for Settlement purposes, that this Action is appropriate for certification as a class action. 

The issuance of the Notice is not an expression of the Court’s opinion on the merits or the lack of merits of the Named Plaintiffs claims in the Action.

For information about how to learn about what has happened in the Action to date, please see FAQ 20.

In a class action lawsuit, one or more people called “Named Plaintiff(s)” (in this Action, Stephanie Aberl, Diana Vasquez, and Shannon Custer) sue on behalf of other people who allegedly have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Class Members. The company sued in this Action, Ashley Global Retail, LLC (“Ashley”), is called the Defendant.

The Named Plaintiffs have made claims against Ashley. Ashley denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Named Plaintiffs or Ashley should win this Action. Instead, both sides agreed to the Settlement. That way, they avoid the cost of a trial, and the Class Members will receive relief now rather than years from now, if at all.

The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement: “All persons in the United States, who during the Class Period purchased one or more products at a price advertised as a discount from a regular or original price at one of Ashley’s corporate owned stores (excluding Stoneledge brick and mortar stores in California) or from Ashley’s e-commerce website ashleyfurniture.com, and who have not received a refund or credit for their purchase(s). Excluded from the Class is Ashley’s Counsel, Ashley’s officers and directors, and the judge presiding over the Action.”

If you are still not sure whether you are included, you can write the Claims Administrator for free help. The email address of the Claims Administrator is [email protected] and the U.S. postal (mailing) address is Aberl et al. v. Ashley Global Retail, LLC, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.

Ashley has agreed to provide each Class Member, who timely submits a valid Claim Form by the Response Deadline, one (1) Voucher which may be applied for up to $30 toward any purchase at ashleyfurniture.com or in any of Ashley’s corporate owned stores. The Vouchers will apply to the purchase prices that Ashley offers to the general public, and will be transferable to others without restriction so long as they are not sold or offered for sale in connection with any transfer. Vouchers will expire after one hundred eighty (180) days, will not be replaced if lost or stolen, must be used in a single purchase, and will have no residual value if the amount redeemed is less than the Voucher amount.

If you received a Notice of this Settlement and wish to receive a Voucher for $30, you must complete a Claim Form. 

A Claim Form is available by clicking HERE or in the Documents Section of this website. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the Claim Form, and postmark it by the Response Deadline of December 23, 2023, or submit it online on or before 11:59 p.m. (Pacific Time) on December 23, 2023.

As described in FAQ 17 and FAQ 18, the Court will hold a hearing on January 19, 2024 at 1:30 PM Pacific Time, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It’s always uncertain when the appeals will be resolved, and resolving them can take time, perhaps more than a year. You can check on the progress of the case on this website. Please be patient.

The Court has ordered that the law firm of Lynch Carpenter, LLP (“Class Counsel”) will represent the interests of all Class Members. You will not be separately charged for these lawyers’ services. If you want to be represented by your own lawyer, you may hire one at your own expense.

Ashley has agreed to pay Class Counsel’s attorneys’ fees and costs, up to $700,000, subject to approval by the Court. You will not be required to pay any attorneys’ fees or costs. Please see paragraphs 2.4 and 2.6 of the Settlement Agreement, available on the Documents section of this website, for additional details.

The Named Plaintiffs will request an Individual Settlement Award of up to $2,500 each for their service as Plaintiffs and their efforts in bringing the Action. The Court will make the Final Judgement as to the amount to be paid to the Named Plaintiffs.

If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against Ashley. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against Ashley regarding the claims in the Action. The Settlement Agreement, available on the Documents section of this website contains the full terms of the release.

You may exclude yourself from the Class and the Settlement. If you want to be excluded, you must send a signed letter or postcard stating: (a) the name and case number of the Action; (b) your full name, address, and telephone number; and (c) a statement that you do not wish to participate in the Settlement, postmarked no later than December 23, 2023 to the Claims Administrator at: 

Aberl et al. v. Ashley Global Retail, LLC

c/o Kroll Settlement Administration LLC

 PO Box 225391

New York, NY 10150-5391

If you timely request exclusion from the Class, you will be excluded from the Class, you will not receive a Voucher under the Settlement, you will not be bound by the Judgment entered in the Action, and you will not be precluded from prosecuting any timely, individual claim against Ashley based on the conduct complained of in the Action.

At the date, time, and location stated in FAQ 18, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to consider Class Counsel’s request for an award of attorneys’ fees and costs, and the Individual Settlement Award to the Named Plaintiffs.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must file a written objection with the Court and deliver copies of the written objection to the Claims Administrator, Class Counsel, and Ashley’s Counsel at the address set forth below no later than (i.e., postmarked by) December 23, 2023. 

Aberl et al. v. Ashley Global Retail, LLC

c/o Kroll Settlement Administration LLC

 PO Box 225391

 New York, NY 10150-5391

Any written objections must contain: (a) the name and case number of the Action; (b) the Class Member’s full name, address, and telephone number; (c) the words “Notice of Objection” or “Formal Objection”; (d) in clear and concise terms, the legal and factual arguments supporting the objection; (e) attested facts supporting the person’s status as a Class Member (e.g., the date and location of his/her Qualifying Purchases and description of the item(s) purchased); (f) the Class Member’s signature and the date; and (g) the following language immediately above the Class Member’s signature and date: “I declare under penalty of perjury under the laws of the State of California that the foregoing statements regarding class membership are true and correct to the best of my knowledge.” You may, but need not, submit your objection through counsel of your choice. If you do make your objection through an attorney, you will be responsible for your personal attorneys’ fees and costs. 

IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING. 

If you submit a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the award of attorneys’ fees. You are not required, however, to appear. If you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid objection a statement substantially similar to “Notice of Intention to Appear.” 

If you intend to appear at the Fairness Hearing through counsel, you must also identify the attorney(s) representing you who will appear at the Fairness Hearing and include the attorney(s) name, address, phone number, email address, and the state bar(s) to which your counsel is admitted. Also, if you intend to request the Court to allow you to call witnesses at the Fairness Hearing, such request must be made in your written objection, which must also contain a list of any such witnesses and a summary of each witness’s expected testimony.

Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you do not exclude yourself from the Settlement. Excluding yourself 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 Settlement no longer affects you.

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give Final Approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for Individual Settlement Awards to the Named Plaintiffs. You may attend, but you do not have to.

On January 19, 2024, at 1:30 PM Pacific Time, a hearing will be held on the fairness of the proposed Settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement’s fairness. The hearing will take place before the Honorable Cynthia A. Freeland in Courtroom N-27 of the Superior Court of California, County of San Diego, located at 325 S. Melrose Dr, Vista, CA 92081. The hearing may be postponed to a different date or time or location without notice. Please check this website for any updates about the Settlement generally, or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to the Settlement Website will be the only way you will be informed of the change.

At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement. As described in FAQ 15, you may speak at the Fairness Hearing only if (a) you have timely submitted an objection, and (b) you have timely and validly provided a Notice of Intent to Appear.

If you have requested exclusion from the Settlement, you may not speak at the hearing.

To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, and the operative Complaint filed in the Action, please visit the Documents section of this website. Alternatively, you may contact the Claims Administrator at the email address: [email protected] or the U.S. postal (mailing) address: Aberl et al. v. Ashley Global Retail, LLC, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.

This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit https://roa.sdcourt.ca.gov/roa/ or the Clerk’s office at 325 South Melrose Dr., Vista, CA 92081. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

It is your responsibility to inform the Claims Administrator of your updated information. You may do so at the address below: