1. Why did I get the Notice?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a Settlement?
5. How do I know if I am part of the Settlement?
6. Are there exceptions to individuals who are included as Class Members in the Settlement?
7. What if I am still not sure whether I am part of the Settlement?
8. What is the total value of the Settlement?
9. What does the Settlement provide?
10. What is the Pro Rata Cash Payment?
11. What about Residual Cash Payment?
12. How will Settlement Benefits be paid?
13. What are Anova’s business practice commitments?
14. What am I giving up to get a Settlement Benefit or stay in the Class?
15. What are the Released Claims?
16. How do I make a claim for Pro Rata Payment?
17. What happens if my contact information changes after I submit a Payment Election?
18. When and how will I receive the Settlement Benefits?
19. What happens if money remains after all of the Settlement Payments are paid?
20. Do I have a lawyer in this case?
21. How will Class Counsel be paid?
22. How do I get out of the Settlement?
23. If I exclude myself, can I still get a Settlement Payment?
24. If I do not exclude myself, can I sue Anova for the same thing later?
25. How do I tell the Court that I do not like the Settlement?
26. What is the difference between objecting and requesting exclusion?
27. When and where will the Court decide whether to approve the Settlement?
28. Do I have to come to the Final Approval Hearing?
29. May I speak at the Final Approval Hearing?
30. What happens if I do nothing at all?
31. How do I get more information?
The Superior Court of California County of San Francisco authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Honorable Jeffrey S. Ross of the Superior Court of California County of San Francisco is overseeing this class action. The case is known as Margaret McClure v. Anova Applied Electronics, Inc. d/b/a Anova Culinary (Case No.: CGC-24-615351) (the “Action”). The individual who filed this lawsuit is called the “Plaintiff” and the entity she sued, Anova, is called the “Defendant.” The Plaintiff and the Defendant agreed to this Settlement.
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Plaintiff alleges that, between June 12, 2023, to June 12, 2024, consumers were required to provide certain personally identifiable information when making purchases with their credit card on Anova’s Website or App in violation of the SBA. Plaintiff claims that as a result of Anova’s collection of such information that Anova violated the Song Beverly Act. Anova denies these and all other claims made in the Action. By entering into the Settlement, Anova is not admitting that it did anything wrong.
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In a class action, one or more people called the Class Representatives sue on behalf of all people who have similar claims. Together, all of these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those Class Members who exclude themselves from the Class.
The Settlement Class Representative in this case is Plaintiff Margaret McClure.
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The Settlement Class Representative and Anova do not agree about the claims made in this Action. The Action has not gone to trial, and the Court has not decided in favor of the Settlement Class Representative or Anova. Instead, the Settlement Class Representative and Anova have agreed to settle the Action. The Settlement Class Representative and the attorneys for the Class (“Settlement Class Counsel”) believe the Settlement is best for all Class Members because of the risks and uncertainty associated with continued litigation and the nature of the defenses raised by Anova.
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The Court has decided that everyone who fits the following description is a member of the Settlement Class:
all 6,644 unique individuals with a shipping or billing address in California who purchased merchandise with a credit card at Defendant’s website, https://anovaculinary.com, or via Defendant’s mobile app, during the Settlement Class Period, as identified on the Settlement Class List.
If you received Notice of this Settlement, you have been identified by the Settlement Administrator as a Settlement Class Member. More specifically, you are a Settlement Class Member, and you are affected by this Settlement.
You may contact the Settlement Administrator if you have any questions as to whether you are a Settlement Class Member.
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Yes, the Settlement does not include: (1) the Judge(s) presiding over the Action and members of their immediate families and their staff; (2) Anova and its subsidiaries, parent companies, successors, predecessors, and any entity in which Anova, has a controlling interest; (3) natural persons who properly execute and submit a Request for Exclusion prior to the expiration of the Opt-Out Period; and (4) the successors or assigns of any such excluded natural person.
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If you are still not sure whether you are a Class Member, you may call the Settlement Administrator’s toll-free number at (888) 232-1740.
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The Settlement provides a $500,000.00 Settlement Fund and remedial actions to be taken by Anova for the benefit of the Class. Any Court-approved attorneys’ fees, costs, and expenses, Service Awards to the Class Representative, taxes due on any interest earned by the Settlement Fund, if necessary, and any notice and settlement administration expenses will be paid out of the Settlement Fund, and the balance (“Net Settlement Fund”) will be used to pay for the above Settlement Benefits. Any costs associated with Anova’s business practice commitments will be paid by Anova in addition to the Settlement Fund.
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As a Class Member, you are eligible to receive the following:
Pro Rata Cash Payment: Settlement Class Members who do not request to be excluded shall receive a pro rata cash payment determined in accordance with the Plan of Allocation in Section 3.6 of the Settlement Agreement after amounts sufficient to pay Taxes, Administrative Expenses, Service Awards, and the Fee Award and Costs have been deducted from the Settlement Fund. Settlement Class Members will not need to supply any documentary proof to select this option.
In addition, Anova has agreed to make certain business practice commitments as a result of this Action.
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All eligible Settlement Class Members will automatically receive a cash payment from the Settlement Fund. Each Settlement Class Member’s payment will be calculated on a pro rata basis, meaning that each person will receive an equal share of the Net Settlement Fund after required taxes, Court-approved attorneys’ fees and costs, specified settlement administration expenses, and any Service Award to the named Plaintiff have been deducted.
Settlement Class Members will have the opportunity to select their preferred payment method (“Payment Election”) online here. You may choose to receive your payment by physical check or by electronic payment (e.g. PayPal, Venmo, or Zelle). If you do not make a Payment Election by the Payment Election Deadline, your payment will automatically be issued by check and mailed to the address on record.
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The Settlement is designed to exhaust the Settlement Fund. To the extent any monies remain in the Settlement Fund more than 180 days after the distribution of all payments to the Settlement Class Members, amounts of any uncashed digital or physical checks shall be forwarded to the California State Controller’s Unclaimed Property Division.
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The Court will determine the amount of Taxes, Administrative Expenses, Service Awards to the Settlement Class Representative, and the Fee Award and Costs to the Settlement Class Counsel to be paid from the Settlement Fund. Settlement Class Counsel will request, subject to Court approval, an award of attorneys’ fees not to exceed thirty-five (35%) of the $500,000.00 Settlement Fund (i.e. $175,000.00), together with reasonable litigation costs and expenses. Settlement Class Counsel will also request a Service Award of up to $10,000.00 for each named Plaintiff, and payment of settlement administration expenses. The Court may award less than the amounts requested.
These amounts will be deducted from the Settlement Fund before any payments are made to Settlement Class Members. The remainder of the Settlement Fund will be distributed to all eligible Settlement Class Members as automatic Pro Rata Cash Payments. All funds remaining in the Net Settlement Fund after the completion of all distributions, including amounts from uncashed checks or failed electronic transfers, shall, if feasible, be forwarded to the California State Controller’s Unclaimed Property Division.
All pro rata calculations and distributions will be performed by the Settlement Administrator under the supervision of Class Counsel.
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As a result of the Action, Anova agrees to make the following business practices commitments involving changes to its website https://anovaculinary.com for website users with a geolocation in California for a period of two years from the date of the Preliminary Approval Order:
Adding a prominent notice on the checkout information step on Anova’s website’s checkout page and in Anova’s privacy policy clarifying that the email and phone number are not for marketing unless the customer opts in and will be used solely for checking the transaction for signs of fraud and to facilitate the transaction (including delivery of items ordered and provision of a receipt);
Ceasing all storage and use of personal information for any marketing purposes unless a customer checks a separate line item consenting to such use;
Setting the email and SMS marketing checkboxes on its checkout page to unchecked by default to ensure that no marketing occurs unless the consumer affirmatively opts in to such marketing;
Ceasing all storage and use of IP addresses in Anova’s database used for marketing unless the customer affirmatively opts in to marketing; and
Adding a consent banner and gating all marketing and analytics pixels behind a checkbox requiring explicit consent from the customer with the default set as off. This banner shall also state that consent is optional and not required to purchase any items.
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Unless you exclude yourself, you are choosing to remain in the Class as a Participating Settlement Class Member. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against Anova and related parties about the legal issues in this Action, resolved by this Settlement, and released by the Class Action Settlement Agreement and Release. The specific rights you are giving up are called Released Claims (see Question 15).
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In exchange for the Settlement, the Settlement Class Representative and Participating Settlement Class Members, and each of Settlement Class Members who do not opt out of the Settlement, will be deemed to have provided Anova and any and all related parties (including, without limitation, (1) Anova Applied Electronics, Inc, d/b/a Anova Culinary, n/k/a Anova Applied Electronics, LLC; (2) each of their respective parents, subsidiaries, sibling entities, administrators, successors, reorganized successors, insurers, and members; and (3) the current and former directors, officers, trustees, shareholders, employees, partners, contractors, agents, lenders, investors, and attorneys of Anova) with a full and final general release of all Released Claims to include any claim, cause of action, demand, right, obligation, or suit (including claims for actual or consequential damages or losses, punitive damages, civil penalties awardable to individuals, costs, and attorneys’ fees) of every kind and description that were or could have been asserted in this Action on behalf of any members of the Settlement Class and that reasonably relate to the facts alleged in the operative Complaint, regardless of the legal theory asserted. Upon final court approval of the Settlement, Plaintiffs will dismiss the Litigation against Anova with prejudice.
The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Litigation and that the Settlement Class Representative, and each of her respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns, does not know or suspect to exist, which, if known by her or might affect her agreement to release Anova; (2) each of their respective parents, subsidiaries, sibling entities, administrators, successors, reorganized successors, insurers, and members; and (3) the current and former directors, officers, trustees, shareholders, employees, partners, contractors, agents, lenders, investors, and attorneys of Anova of any of the foregoing, or the Released Claims, or might affect her decision to agree, object, or not to object to the Settlement. Upon the Effective Date, the Settlement Class Representative and each of her respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States. Specifically, the Settling Parties stipulate and agree that upon the Effective Date, the Representative Plaintiff expressly shall have and by operation of the Final Approval Order and Judgment shall have, released any and all Released Claims, including Unknown Claims, and waived the provisions, rights, and benefits conferred by statutes including, but not limited to: 15 U.S.C. §§ 45 et seq; all data privacy, financial information privacy or health information privacy statutes in effect in any states in the United States; any state or federal consumer protection statutes any similar, comparable, or equivalent law of any other state, province, or territory. These statutes and laws generally provide that:
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.
The Settlement Class Representative, and each of her respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. The release of any Unknown Claims does not apply to the Settlement Class Members, only to the Settlement Class Representative.
More information is provided in the Class Action Settlement Agreement and Release, which is available here.
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You do not need to submit a claim form or provide any documentation to receive payment. You may elect your preferred payment method (“Payment Election”) online here. You may choose to receive your payment by physical check or by electronic payment (e.g. PayPal, Venmo, or Zelle). If you do not make a digital payment election by the Payment Election Deadline, which is June 18, 2026, your payment will automatically be issued by check and mailed to the address on record.
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If you changed your mailing address or email address since the Settlement Class Period, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling (888) 232-1740 or by writing to:
Anova Culinary Song Beverly Act Litigation
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
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The Pro Rata Cash Payment will be provided by the Settlement Administrator after the Settlement is approved by the Judge and becomes final. You may select your preferred payment method online here to receive your payment via a check or electronically through Zelle, Venmo, or PayPal.
The court approval process may take time. Please be patient and check this website for updates.
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None of the money in the $500,000.00 Settlement Fund will be paid back to Anova. If any money remains in the Settlement 180 days after the distribution of all payments to the Settlement Class Members, amounts of any uncashed digital or physical checks shall be forwarded to the California State Controller’s Unclaimed Property Division.
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Yes, the Court has appointed M. Anderson Berry of Emery Reddy, PC; Jason M. Wucetich of Wucetich & Korovilas LLP; and Will Edelman of Milberg, PLLC, as Class Counsel to represent you and the Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Action.
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Class Counsel will file a motion asking the Court to award them attorneys’ fees of up to a maximum of thirty-five percent (35%) of the $500,000.00 Settlement Fund (i.e. $175,000.00), together with reasonable litigation costs and expenses. They will also ask the Court to approve up to $10,000.00 as a Service Award to the Class Representative for participating in this Action and for their efforts in achieving the Settlement. If awarded, these amounts will be deducted from the Settlement Fund before making payments to Class Members. The Court may award less than these amounts.
Class Counsel’s application for attorneys’ fees and expenses, and the Service Award, will be made available on this website before the deadline for you to comment or object to the Settlement. You can request a copy of the application by contacting the Settlement Administrator at (888) 232-1740.
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If you are a Class Member and want to keep any right you may have to sue or continue to sue Anova on your own based on the claims raised in this Action or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from – or “opting out” of – the Settlement.
To exclude yourself from the Settlement, you must complete and sign a Request for Exclusion. The Request for Exclusion must be in writing and identify the case name Margaret McClure v. Anova Applied Electronics, Inc.; state the name, address, telephone number and unique identifier of the Settlement Class Member seeking exclusion; identify any lawyer representing the Settlement Class Member seeking to opt out; be physically signed by the person(s) seeking exclusion; and must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in ‘Margaret McClure v. Anova Applied Electronics, Inc.’”
The Request for Exclusion must be (i) submitted electronically here, or (ii) postmarked to the address below no later than May 19, 2026:
Anova Culinary Song Beverly Act Litigation
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You cannot exclude yourself by telephone or by email.
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No. If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement.
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No. Unless you exclude yourself, you give up any right to sue Anova and Released Parties for the claims that this Settlement resolves. You must exclude yourself from this Action to start or continue with your own lawsuit or be part of any other lawsuit against Anova or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.
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You can ask the Court to deny approval of the Settlement by filing an objection. You cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you must object.
Any objection to the proposed Settlement may be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must clearly (a) state the Settlement Class Member’s full name, current mailing address, and telephone number; (b) include proof that the Settlement Class Member is a member of the Settlement Class (e.g., copy of the Notice, copy of the receipt of their credit card purchase on Anova’s website during the Settlement Class Period); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Settlement Class Member, if any. All written objections must be submitted to the Settlement Administrator. All objections must be filed or postmarked on or before the Objection Deadline. Alternatively, a Settlement Class Member may appear at the Final Approval Hearing and make any objection orally in person or via Zoom, link TBD.
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Objecting is telling the Court you do not like something about the Settlement. You can object only if you stay in the Class (that is, do not exclude yourself). Requesting exclusion is telling the Court you do not want to be part of the Class or the Settlement. If you exclude yourself, you cannot object to the Settlement because it no longer affects you.
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The Court will hold a Final Approval Hearing on July 24, 2026, at 9:00 a.m. before the Honorable Hon. Jeffrey S. Ross in the Superior Court of California County of San Francisco, Courtroom 613, 400 McAllister St. San Francisco, CA 94102. Remote access to the Final Approval Hearing is available via Zoom, link TBD.
The date and time of the Final Approval Hearing is subject to change without further notice to the Settlement Class. Class Members should monitor this website or the Court’s case information website (see Question 31) to confirm whether the date for the Final Approval Hearing is changed.
At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and will decide whether to approve: the Settlement; Settlement Class Counsel’s application for attorneys’ fees, costs and expenses; and the Service Award to the Class Representative. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.
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No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send a written objection, you do not have to come to Court to talk about it. As long as you mail your written objection on time, the Court will consider it.
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Yes. You may also choose to attend and speak at the Final Approval Hearing and make an oral objection even if you have not submitted a written objection.
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If you are a Settlement Class Member and do nothing, you will still receive your automatic Pro Rata Cash Payment but only by physical check mailed to the address on record. You will also give up certain rights, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Anova or any of the Released Parties about the legal issues in this Action and released by the Settlement Agreement.
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This website and the Notice summarize the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, or by contacting Class Counsel (see below), or by accessing the Court docket in this case, through the Court’s Online Services and Case Information Search website at https://sf.courts.ca.gov/online-services/case-information.
If you have questions about the proposed Settlement or anything in the Notice, you may contact Class Counsel at:
M. Anderson Berry | Jason M. Wucetich | William J. Edelman |
Do not contact the Judge, the Clerk of the Court, or the Court about this Settlement.
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