Mueller Settlement

This official website is maintained by the Settlement Administrator for Stacy Dorcas v. Aterian, Inc., Case No. CIVSB2222117, pending in the Superior Court of the State of California for the County of San Bernadino.

Your rights may be affected by a class action settlement.

The lawsuit claims that that during the Class Period, Defendant falsely and deceptively labeled and advertised the Covered Products with an image of the Austrian flag and the name “Austria” (together, the “Austrian Representations”), which led reasonable consumers into believing that the Covered Products were made in Austria when, the Covered Products were not made in Austria. Plaintiff further alleges that Plaintiff and Settlement Class Members paid more for the Covered Products as a result of those alleged statements. Plaintiff has asserted claims on behalf of herself and for others similarly situated in the United States based on such allegations.

The lawsuit claims that Aterian violated, among others, the California Consumers Legal Remedies Act, California’s False Advertising Law, and California’s Unfair Competition Law; that Aterian breached express and implied warranties; that Aterian committed fraud and made negligent and intentional misrepresentations; and that Aterian was unjustly enriched. Aterian denied these claims. More information can be found in the complaint, available HERE.

Who is Included?

The Court has certified this case for settlement purposes only as a class action. The class (the “Settlement Class”) is defined as:

All Persons who purchased any of the Covered Products in the United States, its territories, or at any United States military facility or exchange during the Class Period (December 9, 2018 through August 23, 2023).

Excluded from the Settlement Class shall be the assigned Judge to the Action, counsel to the Parties, Mediator Louis M. Meisinger, and their employees, legal representatives, heirs, successors, assigns, or any members of their immediate family; any government entity; Defendant, any entity in which Defendant has a controlling interest, any of Defendant’s subsidiaries, parents, affiliates, and officers, directors, employees, legal representatives, predecessors in interest, heirs, successors, or assigns, or any members of their immediate family; and any Persons who timely opt-out of the Settlement Class.

If you meet the definition of “Who is Included?” as detailed above, you ARE a class member. You will remain a class member if you do nothing

Your Legal Rights and Options In This Settlement:

Submit A Claim Form

If you submit a valid Claim Form by January 30, 2024, you will receive a cash refund in the form of an electronic payment, and will give up certain rights to sue Defendant.

Exclude Yourself From The Case

This is the only option that allows you to sue Defendant on your own regarding the legal claims in this case, but you will not receive compensation under the Settlement. The deadline for excluding yourself is January 30, 2024.

Object To The Settlement

Write to the Court about why you do not like the Settlement. A Settlement Class Member who objects still remains in the Settlement Class and must submit a claim form in order to obtain a monetary award. The deadline for objecting is January 30, 2024.

Do Nothing

If you do nothing, you will receive no money from the Settlement, but you will still give up certain rights to sue Defendant.

Attend The Final Approval Hearing

The Court will hold a Final Approval Hearing at 8:30 AM on May 8, 2024, at the San Bernardino Justice Center, 247 West Third Street San Bernardino, CA 92415, Department S26. The date of the Final Approval Hearing may change without further notice to the Settlement Class. Settlement Class Members should check the Settlement Website to confirm that the date has not been changed and whether the hearing may proceed virtually.

Payments to Class Members who submitted eligible claims were distributed on August 26, 2024.

Vouchers were sent via email to the email address provided on your claim form. Please check your Junk or Spam filters to ensure delivery.
Digital payments are being sent by our digital payment partner, Tremendous. Please add info@MuellerSettlement.com to your safe sender list to ensure delivery.
Payments sent by mail will be delivered via the USPS to the address provided on your claim form.