If you (1) were a former Just Fabulous and/or ShoeDazzle VIP

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LOS ANGELES COUNTY SUPERIOR COURT FOR THE STATE OF CALIFORNIA
If you (1) were a former Just Fabulous and/or
ShoeDazzle VIP member as of January 28, 2015 OR
(2) joined the Just Fabulous and/or ShoeDazzle VIP
program on or before December 31, 2013 and as of
January 28, 2015, did not purchase any particular
products under the VIP program or ever choose the
Skip A Month option, you could get payment from a
class action settlement
A court authorized this notice. This is not a solicitation from a lawyer.

A settlement has been reached in a class action lawsuit regarding the Just Fabulous and
ShoeDazzle VIP program (“VIP program”).

In the lawsuit, plaintiffs raised questions regarding restocking fees and other marketing
and billing elements of the VIP program. The parties reached an agreement in order to
avoid the time and expense associated with litigation.

The claims are strongly disputed. The Court has not ruled, one way or the other, on
plaintiff’s claims.

Your legal rights are affected whether you act or do not act. Read this notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
SUBMIT A CLAIM FORM
The only way to receive a payment.
EXCLUDE YOURSELF
Receive no payment. This is the only option that allows you to
ever be part of any other lawsuit against the defendant or anyone
else about the legal claims in this case.
OBJECT
Write to the Court about why you do not like the settlement.
GO TO A HEARING
Ask to speak in Court about the fairness of the settlement.
DO NOTHING
Receive no payment. Give up rights.

These rights and options – and the deadlines to exercise them – are explained in this
notice.

The Court in charge of this case still has to decide whether to approve the settlement.
Payments will be made if the Court approves the settlement and after appeals are
resolved. Please be patient.

Any questions? Read on and visit www.restockingfeessettlement.com.
QUESTIONS? VISIT WWW.RESTOCKINGFEESSETTLEMENT.COM
1
WHAT THIS NOTICE CONTAINS
Basic Information............................................................................................................................ 3 1. Why should I read this notice?.................................................................................. 3 2. What is this lawsuit about? ....................................................................................... 3 3. Why is this a class action? ........................................................................................ 3 4. Why is there a settlement? ........................................................................................ 3 Who is in the Settlement ................................................................................................................. 3 5. How do I know if I am part of the settlement? ......................................................... 3 The Settlement Benefits – What You Get ..................................................................................... 4 6. What does the settlement provide? ........................................................................... 4 How You Get Benefits – Submitting a Claim Form .................................................................... 4 7. How can I get a payment? ......................................................................................... 4 8. When will I receive my payment? ............................................................................ 4 9. What am I giving up if I stay in the Settlement Class? ............................................. 4 Excluding Yourself From The Settlement .................................................................................... 5 10. How do I exclude myself from the settlement? ........................................................ 5 11. If I do not exclude myself, can I sue the Defendant or anyone else for the same
thing later? ................................................................................................................ 5 12. If I exclude myself, can I get benefits from this settlement? .................................... 5 The Lawyers Representing You .................................................................................................... 5 13. Do I have a lawyer in this case?................................................................................ 5 14. How will the lawyers be paid? .................................................................................. 6 Objecting To The Settlement ......................................................................................................... 6 15. How do I tell the Court that I do not like the settlement? ......................................... 6 16. What is the difference between objecting and excluding?........................................ 6 The Court’s Fairness Hearing ....................................................................................................... 6 17. When and where will the Court decide whether to approve the settlement? ............ 7 18. Do I have to come to the hearing? ............................................................................ 7 19. May I speak at the hearing? ...................................................................................... 7 If You Do Nothing ........................................................................................................................... 7 20. What happens if I do nothing at all? ......................................................................... 7 Getting More Information ............................................................................................................. 8 21. Are there more details about the settlement? ............................................................ 8 22. How do I get more information? ............................................................................... 8 QUESTIONS? VISIT WWW.RESTOCKINGFEESSETTLEMENT.COM
2
BASIC INFORMATION
1.
Why should I read this notice?
If you (1) were a Just Fabulous and/or ShoeDazzle VIP member as of January 28, 2015 OR (2)
joined the Just Fabulous and/or ShoeDazzle VIP program on or before December 31, 2013 and
as of January 28, 2015, did not purchase any particular products under the VIP program or ever
choose the Skip A Month option, you have a right to know about a proposed settlement of a class
action lawsuit and your options. The Los Angeles County Superior Court of the State of
California has preliminarily approved the proposed settlement.
If the Court grants final approval to the settlement, and after any appeals are resolved, an
administrator appointed by the Court will distribute the benefits under the settlement. The
settlement website will provide updates regarding the progress of the settlement.
This notice explains the lawsuit, the settlement, your legal rights, what benefits are available,
who is eligible for them, and how to get them.
The case is known as Kyla Toney v. Just Fabulous, Inc., Case No. BC533943. The person who
sued is called the Plaintiff, and the company she sued is called the Defendant.
2.
What is this lawsuit about?
This lawsuit is about whether the restocking fees and the terms of the VIP membership programs
are adequately disclosed. The Defendant strongly believes that the disclosures are proper. The
parties reached an agreement to avoid the time and expense associated with further litigation.
3.
Why is this a class action?
In a class action, one or more people, called Class Representatives sue on behalf of people who
have similar claims. All of these people are a Class or Class Members. One court resolves the
issues for all Class Members, except for those who exclude themselves from the Class. A judge
in the Los Angeles County Superior Court in California is overseeing this class action.
4.
Why is there a settlement?
The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to a
settlement. That way, they avoid the time and expense of going to trial. The Class
Representative and her attorneys think the settlement is best for everyone.
WHO IS IN THE SETTLEMENT
5.
How do I know if I am part of the settlement?
The Court previously decided that everyone who fits the following description is a Class
Member:
All people who are (1) former Just Fabulous and/or ShoeDazzle VIP members as of January 28,
2015 OR (2) current Just Fabulous and ShoeDazzle VIP members who joined on or before
December 31, 2013 and who, as of January 28, 2015, did not subsequently purchase any
particular products under the VIP program or ever choose the Skip A Month option. Excluded
are all persons who properly and timely opt out of the settlement.
QUESTIONS? VISIT WWW.RESTOCKINGFEESSETTLEMENT.COM
3
THE SETTLEMENT BENEFITS – WHAT YOU GET
6.
What does the settlement provide?
If approved, the proposed settlement will provide up to $950,000 for notice/administration costs,
a class representative payment, cash benefits to class members who submit a claim, and fees and
costs for the lawyers who represented the settlement class. More specifically:

A Court-appointed administrator will receive compensation to implement a class notice
program and to assist in the processing of claims submitted by Settlement Class
members.

Settlement Class members who submit a timely and complete claim form will receive a
(1) a refund of any re-stocking fees paid (and not previously refunded) and/or (2) a partial
refund, based on the actual amount of purchases made and how many class members
submit a timely and valid claim.

Subject to Court approval, the Class Representative (Kyla Toney) may receive a service
payment of up to $2,500 for her time and effort acting as a class representative and for
her willingness to bring this litigation on behalf of other consumers.
HOW YOU GET BENEFITS – SUBMITTING A CLAIM FORM
7.
How can I get a payment?
To qualify for a payment under the settlement, you must submit a claim form. You can obtain a
claim form on the Internet at www.restockingfeessettlement.com. Read the instructions carefully
and submit the claim form no later than June 20, 2015.
8.
When will I receive my payment?
The Court will hold a hearing on July 15, 2015, to decide whether to approve the settlement. If
the Court approves the settlement, there may be appeals. It is always uncertain whether these
appeals can be resolved, and resolving them can take up to a year or more. The settlement
website will keep you informed of the progress of the settlement. Please be patient.
9.
What am I giving up if I stay in the Settlement Class?
Unless you exclude yourself, you will remain a member of the Settlement Class. This means that
you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant (see
question no. 11 below) or anyone else about the legal issues in this case. If you stay in the
Settlement Class, all of the Court’s orders will apply to you and legally bind you. The entirety of
the release as set forth in the settlement agreement is as follows: “Settled Claims” means and
refers to any claim, liability, right, demand, suit, matter, obligation, lien, damage, punitive
damage, exemplary damage, penalty, loss, cost, expense, debt, action, or cause of action, of
every kind and/or nature whatsoever whether now known or unknown, suspected or unsuspected,
asserted or unasserted, latent or patent, which any Releasing Party now has, or at any time ever
had, regardless of legal theory or type or amount of relief or damages claimed, which: (i) in any
way arises out of, is based on, or relates in any way to Defendant’s restocking fees, membership
billing practices, and disclosure of terms and conditions regarding restocking fees and
membership and/or (ii) is asserted in the First Amended Complaint filed in this Action.
QUESTIONS? VISIT WWW.RESTOCKINGFEESSETTLEMENT.COM
4
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want any benefits from this settlement, but you want keep the right to sue or
continue to sue the Defendant or anyone else, on your own, about the legal issues in this case,
then you must take steps to get out. This is called excluding yourself – or is sometimes referred
to as opting out of the Settlement Class. Defendant may withdraw from and terminate the
Settlement if a certain number of putative Settlement Class members exclude themselves.
10.
How do I exclude myself from the settlement?
To exclude yourself from the settlement, you must submit a letter by mail saying that you want
to be excluded from the Settlement Class in Kyla Toney v. Just Fabulous, Inc.. Be sure to
include your name, address, telephone number, and your signature. You must mail your
exclusion request so that it is postmarked no later than June 20, 2015, to:
Toney JustFabulous Settlement
c/o Heffler Claims Group
P.O. Box 120
Philadelphia, PA 19105-0120
You cannot exclude yourself by phone or by e-mail. If you mail an exclusion request by the
deadline, you will not be able to request a settlement payment and you cannot object to the
settlement. You will not be legally bound by anything that happens in this lawsuit. You may be
able to sue (or continue to sue) the Defendant in the future.
11.
If I do not exclude myself, can I sue the Defendant or anyone else for the same thing
later?
No. Unless you exclude yourself, you give up the right to sue the Defendant or anyone else for
the claims resolved by this settlement.
You must exclude yourself from the Settlement Class to participate in any litigation against the
Defendant or anyone else regarding the claims resolved by this settlement. Remember, the
exclusion deadline is June 20, 2015.
12.
If I exclude myself, can I get benefits from this settlement?
No. If you exclude yourself, do not send in a claim form to ask for any benefits. But, you may
sue, continue to sue, or be part of a different lawsuit.
THE LAWYERS REPRESENTING YOU
13.
Do I have a lawyer in this case?
The law firm of Milstein Adelman represents you and other Settlement Class members. The
lawyers are called Settlement Class Counsel. 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.
QUESTIONS? VISIT WWW.RESTOCKINGFEESSETTLEMENT.COM
5
14.
How will the lawyers be paid?
Settlement Class Counsel will ask the Court for an award of attorneys’ fees up to $195,000 and
reimbursement of costs and expenses of up to $10,000. The Court may award less than this
amount.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not agree with the settlement or some part of it.
15.
How do I tell the Court that I do not like the settlement?
If you are a Settlement Class member, you can object to the settlement if you do not like any part
of it. You can give reasons why you think the Court should not approve it. The Court will
consider your views. (If you object, you can still participate in the settlement – and receive
money if it is approved – notwithstanding your objection.)
To object, you must send a letter saying that you object to the Kyla Toney Settlement. The
objection must include the following: (i) the name of this action; (ii) the objecting Settlement
Class member’s full name, address, telephone number, and signature (an attorney’s signature is
not sufficient); (iii) a statement that the objector is a Settlement Class member and an
explanation of the basis upon which the objector claims to be a Settlement Class member; (iv) all
grounds for the objection, accompanied by any legal support known to the objector or his or her
counsel; (v) the identity of all counsel who represent the objector, including any former or
current counsel who may be entitled to compensation for any reason related to the objection, (vi)
a statement confirming whether the objector or any counsel representing the objector intends to
personally appear and/or testify at the final approval hearing; and, (vii) a list of any persons who
may be called to testify at the final approval hearing in support of the objection. Mail the
objection to the Claims Administrator so that it is postmarked no later than June 20, 2015:
Toney JustFabulous Settlement
c/o Heffler Claims Group
P.O. Box 120
Philadelphia, PA 19105-0120
16.
What is the difference between objecting and excluding?
Objecting is simply telling the Court that you do not like something about the settlement. You
can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that
you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to
object because the case no longer affects you. If you object, you still can submit a claim form.
THE COURT’S FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the settlement. You may attend and
you may ask to speak, but you do not have to.
QUESTIONS? VISIT WWW.RESTOCKINGFEESSETTLEMENT.COM
6
17.
When and where will the Court decide whether to approve the settlement?
The Court will hold a Fairness Hearing at 10:00 a.m. on July 15, 2015, in Department 311 at the
Los Angeles County Superior Court located at 600 South Commonwealth Avenue, Los Angeles,
California 90005. At this hearing, the Court will consider whether the settlement is fair,
reasonable, and adequate. If there are objections, the Court will consider them. The Court will
listen to people who have asked to speak at the hearing. The Court may also decide how much to
pay Settlement Class Counsel and the Class Representative. After the hearing, the Court will
decide whether to approve the settlement. We do not know how long these decisions will take.
18.
Do I have to come to the hearing?
No. Settlement Class Counsel will answer any questions from the Court regarding the
settlement. However, you are welcome to come at your own expense. If you send an objection,
you do not have to come to Court to talk about it. As long as you mailed your written objection
on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not
necessary.
19.
May I speak at the hearing?
You may ask the Court for permission for you or your lawyer to speak at the Fairness Hearing.
To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Kyla
Toney v. Just Fabulous, Inc.” Be sure to include your name, address, telephone number, and
your signature. If your lawyer intends to speak at the fairness hearing, your letter must also
include the name, address, and telephone number of your lawyer. Your Notice of Intention to
Appear must be mailed to the Claims Administrator and Settlement Class Counsel and
postmarked no later than June 20, 2015 to:
Toney JustFabulous Settlement
Heffler Claims Group
P.O. Box 120
Philadelphia, PA 19105-0120
MILSTEIN ADELMAN
2800 Donald Douglas Loop N
Santa Monica, CA 90405
You cannot speak at the Fairness Hearing if you excluded yourself.
IF YOU DO NOTHING
20.
What happens if I do nothing at all?
If you do nothing, you will not get any money from this settlement. But, unless you exclude
yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other
lawsuit about the legal issues in this case for any of the released claims above.
QUESTIONS? VISIT WWW.RESTOCKINGFEESSETTLEMENT.COM
7
GETTING MORE INFORMATION
21.
Are there more details about the settlement?
This notice summarizes the proposed settlement. More details are in the Settlement Agreement.
You can get a copy of the Settlement Agreement by writing to the Claims Administrator at:
Toney JustFabulous Settlement
c/o Heffler Claims Group
P.O. Box 120
Philadelphia, PA 19105-0120
22.
How do I get more information?
You can visit the settlement website at www.restockingfeessettlement.com, where you will find
answers to common questions about the settlement, a claim form, plus other information. You
may also call 1-855-486-7342 or contact Settlement Class Counsel at Milstein Adelman, 2800
Donald Douglas Loop N, Santa Monica, California 90405.
January 28, 2015
The Honorable John Shepard Wiley, Jr., Los Angeles County Superior Court
QUESTIONS? VISIT WWW.RESTOCKINGFEESSETTLEMENT.COM
8

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