A Superior Court of California ordered that a Notice be given because you have the right to know about a Settlement that may affect you. You have legal rights and choices to make before the Court decides whether to approve the Settlement.

The Notice explains:

• What the lawsuit is about.
• Who is included in the Settlement.
• How the Settlement may benefit you.
• What your legal rights are.
• The Claim Form process.
• Applicable deadlines.

In this lawsuit, the Plaintiff alleged that Cricut violated California’s Unfair Competition Law, Automatic Renewal Law, Consumers Legal Remedies Act, False Advertising Law, and various common laws by failing to sufficiently inform its customers of the terms of its subscription renewal policies.

Cricut vigorously denies all these claims of wrongdoing, and further states that it adequately made users aware that their Cricut Subscriptions would auto-renew and that they would be charged on a recurring basis. The Court has not issued a final ruling on the strengths or weaknesses of Plaintiff’s case or Cricut’s contentions in this lawsuit. Nevertheless, Cricut has agreed to the Settlement to avoid the risk and expense of further litigation. Plaintiff believes that her claims have merit. Cricut believes that Plaintiff’s claims do not have merit. The Settlement is without an admission of liability by Cricut. Notwithstanding the dispute on the merits, Plaintiff believes that the Settlement is fair and reasonable, and that given the risk and expense of further litigation it is in the best interests of the members of the Settlement Class to agree to the Settlement.

This case is pending in the Superior Court of California, San Diego County. The full name of the action is Villegas v. Cricut, Inc., No. 37-2023-00009047-CU-FR-CTL.

In a class action, one or more people, called “class representative(s),” sue on behalf of other people who have similar claims. All these people together are a “class” or “class members.” One Court decides all the issues in the lawsuit for all Settlement Class Members, except for those who exclude themselves from the class. In a class action, the Court has a responsibility to ensure that class representative(s) and Class Counsel prosecute and resolve the class claims fairly. In this lawsuit, the class representative is asking the Court to decide the issues for all California residents, from January 1, 2018, through October 18, 2024 who incurred renewal fee(s) in connection with Cricut’s offerings for paid Cricut Subscriptions. To determine whether you are a Settlement Class Member, see Questions 5-6.

The Court did not rule in favor of either party. The Settlement is without an admission of liability by Cricut. Instead, the parties agreed to a Settlement in order to avoid the expense and risks of continuing the lawsuit. The class representative and her attorneys think the Settlement is a fair and reasonable resolution of the lawsuit for all Settlement Class Members.

As part of the Settlement, the Parties have agreed to the certification of a Settlement Class for purposes of this Settlement only. The Settlement Class includes all California residents, from January 1, 2018, through October 18, 2024, who incurred renewal fee(s) in connection with Cricut’s offerings for paid Cricut Subscriptions. To be a Settlement Class Member, you must have been charged a subscription renewal fee by Cricut during the relevant period, and you must have been a California resident at the time Cricut charged the renewal fee.

If this describes you, you are automatically a Settlement Class Member unless you exclude yourself by following the steps for exclusion described in Questions 10 through 14 below. Also excluded from the Settlement Class are those individuals identified in Question 6 below. Settlement Class Members who timely submit a valid Claim Form will receive a cash payment if the Court gives final approval to the Settlement. Settlement Class Members will be bound by the Settlement, if approved by the Court, whether or not they submit a Claim Form, and will be prevented from bringing other claims covered by the Settlement. Those who exclude themselves from the Settlement Class will not be bound by the Settlement and will not receive any payments from the Settlement.

The Settlement creates a Settlement Fund of $625,000 against which Settlement Class Members may submit claims for a pro rata share. Each Settlement Class Member’s pro rata share shall be calculated by taking the Settlement Fund amount of $625,000, subtracting any stipend approved by the Court to be paid to the class representative (up to a maximum of $5,000), and then dividing by the total number of timely valid claims submitted. The Settlement was negotiated between the class representative and Cricut through their attorneys with the aid of a retired judge acting as a mediator. The Court has preliminarily approved the Settlement.

The Settlement Administrator shall determine each authorized Settlement Class Member’s benefit based upon each Settlement Class Member’s Claim Form and the total number of valid Claim Forms submitted. Each Settlement Class Member who does not submit a Claim Form will not receive a cash payment.

In addition to relief in the form of a cash payment, the Settlement also includes certain injunctive relief as more fully described in the Settlement.

If you meet the definition of the Settlement Class and you wish to receive a cash payment from the Settlement Fund, you must submit the Claim Form. To submit the Claim Form, you must complete an electronic or hard copy Claim Form and submit electronic Claims Forms at by the Claims Deadline, or, for hard copy, paper format, by mailing the Claim Form by the Claims Deadline to: Villegas v. Cricut, Inc., c/o Analytics Consulting LLC, PO Box 2010, Chanhassen MN 55317-2010. As explained in the Settlement Agreement, you will need the unique ID number that was emailed to you to submit a Claim Form. In an effort to reduce fraudulent claims, each unique ID may only be used once.

Settlement benefits will be available only if the Settlement is finally approved by the Court. The Court will hold a hearing on April 11, 2025 at 8:30 a.m. to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals, and the Settlement will not become final until all appeals are resolved. It is always uncertain how long the appeals process will take – it can take months or even years. You should regularly check this Settlement Website for updates on the status of the Settlement and any applicable deadlines. Please be patient.

“Released Claims” means any and all claims, demands, rights, damages, obligations, suits, liens, requests for any type of relief (legal, equitable, or seeking attorneys’ fees or costs), and causes of action of every nature and description whatsoever, ascertained or unascertained, suspected or unsuspected, accrued or unaccrued, existing or claimed to exist, including unknown claims (as described in Paragraph 44 below), as of the Effective Date, that arise out of or are reasonably related in any way to any or all of the acts, omissions, facts, matters, transactions, or occurrences that were directly or indirectly alleged or referred to in the Action (including, but not limited to, alleged violations of any and all federal, state, commonwealth, district, or territorial consumer protection, deceptive or unfair competition or business practices, and/or false or deceptive advertising statutes; breach of contract; breach of express or implied warranty; fraud; negligent misrepresentation; concealment, omission, unjust enrichment, restitution, trespass, conversion, declaratory or injunctive relief, and other equitable claims, common law claims, or otherwise).

“Released Parties” means Cricut, and all of each of its parents, subsidiaries, divisions, affiliates, predecessors, heirs, executors, administrators, representatives, agents, attorneys, partners, assigns, employees, officers, directors, and successors.

“Releasing Parties” means all Settlement Class Members, and all of each of their respective parents, subsidiaries, divisions, affiliates, predecessors, heirs, executors, administrators, representatives, agents, attorneys, partners, assigns, employees, officers, directors, and successors.

Upon the Effective Date, the Releasing Parties shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Parties.

As defined above, and in no way limiting the definition of Released Claims, the Released Claims include known and unknown claims relating to the Action, and this Settlement Agreement is expressly intended to cover and include all such Released Claims, including all rights of action thereunder. The Releasing Parties hereby expressly, knowingly, and voluntarily waive the provisions of section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

The Releasing Parties expressly waive and relinquish any and all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of section 1542 of the California Civil Code, or any other law of any state or territory that is similar, comparable, or equivalent to section 1542, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Released Claims. In connection with such waiver and relinquishment, the Releasing Parties hereby acknowledge that they are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those that they now know or believe exist with respect to the Released Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the Released Claims known or unknown, suspected or unsuspected, that they have against the Released Parties. In furtherance of such intention, the release herein given by the Releasing Parties to the Released Parties shall be and remain in effect as a full and complete general release notwithstanding the discovery or existence of any such additional different claims or facts. Plaintiff acknowledges, and all other Releasing Parties shall be deemed by operation of the Final Order and Judgment to have acknowledged, that the foregoing waiver was bargained for and material consideration for the Settlement of which this release is a part.

Upon the Effective Date, the Releasing Parties shall be permanently barred and enjoined from initiating, asserting, or prosecuting any and all Released Claims against the Released Parties in any judicial, administrative, arbitral, or other forum.

You can get out of the Settlement and the Settlement Class. This is referred to as excluding yourself from or opting out of the Settlement Class. If you exclude yourself, you will waive any rights or benefits from the Settlement. You also may not object to the Settlement or Class Counsel or the class representative’s applications for fees and expenses or stipend or appear at the final hearing for approving the Settlement. You do, however, keep the right to file your own lawsuit or join another lawsuit against Cricut about the claims in this lawsuit.

To exclude yourself, you must send by fax, U.S. Mail, or email a letter that contains all of the following:

• Your name, current address and telephone number;
• A clear statement that you want to be excluded from the case Villegas v. Cricut, Inc., No. 37-2023-00009047-CU-FR-CTL, that you do not wish to be a Settlement Class member, and that you want to be excluded from any judgment entered in relation to the Settlement; and
• Your signature.

No request for exclusion may be made on behalf of a group of people, and no one who meets the definition for Settlement Class membership may opt out by having a request for exclusion submitted by an actual or purported agent or attorney on their behalf. Your request for exclusion must be received by January 12, 2025 and must be signed and mailed, faxed or emailed to:

Villegas v. Cricut, Inc.
c/o Analytics Consulting LLC
PO Box 2010
Chanhassen, MN 55317-2010
Fax: (952) 404-5750
Email: arlcricsettlement@noticeadministrator.com

No. Unless you exclude yourself, and regardless of whether you submit a valid Claim Form, you give up the right to sue Cricut as described in response to Question 10. If you want to keep the right to sue Cricut in a new lawsuit, you have to exclude yourself from the Settlement. Remember, any exclusion request must be signed and mailed, faxed, or emailed, and received by the Settlement Administrator by January 16, 2025.

No. If you exclude yourself, you will not receive any benefits from this Settlement.

• Clearly identify the case name and number (Villegas v. Cricut, Inc., Case No. 37-2023-00009047-CU-FR-CTL);
• Be submitted to the Court by filing them with the Court no later than January 16, 2025;
• Be submitted to the Settlement Administrator by fax, email, or mail and postmarked, or the equivalent for fax or email, no later than January 16, 2025;
• State your full name, current address, and telephone number;
• State in writing all objections and the reasons for each objection;
• State whether you intend to appear at the hearing where the Court will decide whether to approve the Settlement either with or without separate counsel; and
• If you intend to call witnesses or offer exhibits at the hearing, you must list any such witnesses and exhibits in your written objection.

If you fail to timely object in the manner specified above, you shall be deemed to have waived all objections and shall be foreclosed from making any objection to the Settlement. You need not be physically present at the hearing, however, in order to have your objection(s) considered.

Objecting is the way to tell the Court what you do not like about the settlement. You can object only if you stay in the Settlement Class and do not exclude yourself.

Excluding yourself is the way to tell the Court you do not want to be a part of the Settlement Class and the Settlement, and that you want to preserve the right to file your own lawsuit. If you exclude yourself, you cannot object because the Settlement no longer will affect you.

As long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself in Court in regards to this lawsuit and Settlement. This is called making an appearance. You can also have your own lawyer speak for you, but you will have to pay for the lawyer yourself. You should familiarize yourself with the rules and impact of appearing and/or intervening.

Your Notice of Appearance can also state that you or your lawyer would like to speak at the hearing on the Settlement. If you submit an objection (see Question 15 above) and would like to speak about the objection at the hearing, both your Notice of Appearance and your objection should include that information too. If you would like to object and preserve the ability to appeal should the Court deny your objection, you should review the Supreme Court of California’s decision in Hernandez v. Restoration Hardware, Inc., (2018) 4 Cal.5th 260, and the cases that followed it.

Your Notice of Appearance must be signed, mailed and postmarked by January 16, 2025, to the Court at:

Office of the Clerk of Court
Superior Court of California
County of San Diego
330 West Broadway
San Diego, CA 92101

If you do nothing:

• You will stay a Settlement Class Member and all of the Court’s orders will apply to you (unless you previously requested to exclude yourself from the Class, in which case you will continue to be excluded if you do nothing);
• You won’t be able to sue, or join a new lawsuit against Cricut, about the issues and claims in this lawsuit, ever again, unless you exclude yourself.

Yes, the Court has appointed the following attorneys to represent the Settlement Class as Class Counsel:

BURSOR & FISHER, P.A.
Neal J. Deckant
ndeckant@bursor.com
Julia K. Venditti
jvenditti@bursor.com
1990 North California Blvd.
Suite 940, Walnut Creek, CA 94596
Telephone: (925)-300-4455

You may also consult your own lawyer at your own expense.

Class Counsel will ask the Court to approve payment of attorneys’ fees and expenses of no more than $220,000. Class Counsel and/or class representative also will ask the Court to award the class representative $5,000. Class Counsel will file their fee application and Class Counsel and/or class representative will file an application for the class representative’s stipend at least fifteen days before the deadline for objecting to such applications. The class representative’s stipend will be drawn from the $625,000 Class Settlement Fund. If approved by the Court, Class counsel’s fees and expenses will be paid separately by Cricut and will not be drawn from the Class Settlement Fund. Cricut will not be obligated to pay more than $220,000 for Class Counsel’s fees and expenses and the class representative will not be entitled to more than $5,000.

The Court will hold a hearing to decide whether to approve the Settlement at 8:30 a.m. on April 11, 2025. This hearing date may be moved, cancelled or otherwise modified, so please check this Settlement Website regularly for further details, or access the Court docket in this case through the San Diego Superior Court’s system at https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml or by visiting Civil Filing/Records, Hall of Justice, 330 West Broadway, Second Floor, San Diego, California 92101 between 8:30 am and 4:00 pm (3:30 pm deadline for requesting copies), Monday through Friday, excluding Court holidays. The Court is located at the Hall of Justice, Department SD-74, Sixth Floor, 330 W. Broadway, San Diego, CA 92101. At the hearing, the judge will consider all objections, if any, and will consider whether the Settlement is fair, reasonable, and adequately addresses the claims of the Settlement Class Members. The judge will listen to people who have asked to speak at the hearing. The judge may also decide how much to award to Class Counsel for their fees and expenses or to the class representative as a stipend. At or after the hearing, the judge will decide whether to approve the Settlement. We do not know how long these decisions will take.

You do not have to come to the hearing. You and/or your lawyer, however, are welcome to come at your own expense. If you timely send a valid written objection, you do not have to come to the hearing for the judge to consider the objection.

You can ask the Court to allow you (or your lawyer) to speak at the hearing. To do so, you or your lawyer must file a Notice of Appearance that says you wish to speak. You can find out how to file a Notice of Appearance, and the due date for filing, in Question 18 of the Notice. If you submit an objection and wish to speak about it at the hearing, you must include that information in your objection (see Question 15).

You cannot speak at the hearing if you exclude yourself.

The Notice only summarizes the lawsuit and Settlement. More details are in the Complaint and Settlement papers. Copies of these documents are available on the Settlement Website located in Important Case Documents.

You can also look at all of the documents filed in the lawsuit at Civil Filing/Records, Hall of Justice, Second Floor, 330 West Broadway, San Diego, CA 92101.

You can get more information and read common questions and answers by contacting Class Counsel at: ndeckant@bursor.com or jvenditti@bursor.com, or by writing to Class Counsel at:

Bursor & Fisher P.A.
1990 North California Blvd.
Suite 940, Walnut Creek, CA 94596