Top Class Actions  |  September 10, 2021

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

Devacurl hair loss - devacurl class action
(Photo Credit: DimaBerlin/Shutterstock)

Update 3:

  • This class action lawsuit is paying out $384.15 as of Sept. 20, 2022.
  • Congratulations to everyone who filed a claim and got paid!

Update 2:

  • According to the settlement website, Tier 1 and Tier 2 approved payments are scheduled to be issued on Sept. 14, 2022.


Update:

  • The Court granted final approval to this class action settlement Jan. 3, 2022.
  • Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Consumers who used or purchased DevaCurl may be eligible to claim up to $20 without proof of purchase thanks to a $5.2 million DevaCurl hair class action loss settlement resolving claims the product can make hair fall out and irritate the scalp, as well as claims of false advertising.

The Class in the DevaCurl hair loss settlement includes anyone who purchased and/or used any of the covered products in the United States between Feb. 8, 2008, and Aug. 29, 2021.

A list of the covered products is available on the settlement website.

DevaCurl products, made by Deva Concepts LLC, are formulated for all individuals with curly hair and are co-developed by dermatologists, according to the company’s website.

A DevaCurl class action lawsuit alleged the products made consumers’ hair fall out and caused scalp irritation. The class action also claimed the company misrepresented the products.

The defendant denies all allegations of wrongdoing, but has agreed to the settlement.

After attorney’s fees and other expenses are paid from the $5.2 million DevaCurl hair loss settlement fund, Class Members will be awarded based on which tier their claim belongs to.

Anyone who bought or used DevaCurl or had it used on them during the Class Period may file a Tier 1 claim for a one-time cash payment of up to $20 as compensation for minor personal injury or alleged false statements regarding the product.

If Tier 1 claims exceed $750,000, payments will be reduced proportionately.

Consumers who purchased one of the affected products, submit a valid claim form, and provide sufficient documentation of their injuries and related expenses may receive up to $18,000 per claimant for injuries and up to $1,000 for provable expenses.

Claims made and compensation recovered under Tier 2 may be subject to lien subrogation payments.

Supporting documentation for Tier 2 claims includes before-and-after photos, medical records, written or video statements, test results, dated medical bills, dated receipts for out-of-pocket expenses, and more. Further information on acceptable documentation is available on the settlement website FAQ page.

The final approval hearing in the DevaCurl hair loss class action settlement is scheduled to take place Dec. 28, 2021.

The deadline to opt out of or object to the settlement is Oct. 22, 2021.

Claims must be submitted online or postmarked by Nov. 21, 2021.

Who’s Eligible

The Class includes anyone who purchased and/or used any of the covered products in the United States between Feb. 8, 2008, and Aug. 29, 2021.

Potential Award

Varies

  • Tier 1 
    Up to $20
  • Tier 2 
    Up to $18,000 for injury
    Up to $1,000 for out-of-pocket
Proof of Purchase

Tier 1

  • No proof of purchase necessary. 

Tier 2 

Significant Adverse Reaction Claim Required Documents

  • Before and after photographs showing the damage to Claimant’s hair and/or scalp. Each photo submitted must be dated and labeled as either a “before” or “after” photo.
  • Video testimony of the Claimant describing the claimed injury.
  • Medical records, doctor’s notes, test results, and/or a statement from a licensed medical professional indicating damage to the Claimant’s hair or scalp after using the Products as well as any pre-existing conditions that may have caused the alleged hair loss.
  • Written or video statement from the Claimant’s hair stylist(s) indicating the amount of hair loss suffered and any lasting effects. If written, this statement must be dated and signed by the hair stylist(s).
  • Written or video statements from other witnesses that can testify about the damage to Claimant’s hair or scalp and its effect on the Claimant (i.e., spouse, family, friends). Any statement must include the witnesses’ names, addresses and their relationship to the Claimant. If written, these statements must be dated and signed by the witnesses.

Out-of-Pocket Expenses Required Documents

  • Dated medical bills evidencing payments made by the Claimant related to the Claimant’s claimed injury along with medical records indicating the visit related to damage alleged to be caused by use of the Products;
  • Dated receipts for out-of-pocket expenses; dated credit card statements evidencing payment by the Claimant related to the Claimant’s claimed injury;
  • Dated bank statements evidencing payment of out-of-pocket expenses related to the Claimant’s claimed injury.
  • Dated receipts and/or declarations supplied by, for example, a medical provider or hair stylist, evidencing the amount spent to redress a claimed injury will also be considered.
Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/21/2021

Case Name

In re: Deva Concepts Products Liability Litigation, Master File No. 1:20-cv-1234, in the U.S. District Court for the Southern District of New York

Final Hearing

12/28/2021

Settlement Website
Claims Administrator

DevaCurl Products Settlement Administrator
P.O. Box 43501
Providence, RI 02940-3501
info@curlyhairsettlement.com
855-786-1011

Class Counsel

Gary E. Mason
MASON LIETZ & KLINGER LLP

Charles E. Schaffer
LEVIN SEDRAN & BERMAN LLP

Defense Counsel

Keith E. Smith
Jaclyn DeMais
GREENBERG TRAURIG LLP

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224 thoughts onDevaCurl Hair Loss, False Ad $5.2M Class Action Settlement

  1. Shareii says:

    Check for 1591,00

  2. Keisha says:

    $5200 not what I claim but thank God it’s something

    1. M.E.S says:

      Did you get by mail? What bank is it drawn on

      1. Keisha says:

        Yes came today not sure the bank didn’t pay attention I rest it down had a quick emergency so I am not sure but get off at 2:00pl

      2. Keisha says:

        Bank of America

        1. M.E.S says:

          Bet that My Bank

    2. Me says:

      52dollars or 5,200

      1. Keisha says:

        $5,200

  3. M.E.S says:

    I got a letter being delivered to me today in informed Delivery too.
    Does anybody’s letter that they can see state that it is coming from
    Larkspur,California?

    1. Bald & pissed says:

      I received a lousy 384!!!! I sent proof of it takings all of my hair & proof of my medical treatment!!!

    2. Good News says:

      Nope! Not yet! I’m in Northern California

      Maybe later this week

    3. Nikki says:

      Yes mine is in the mail today

  4. DelilahTheSober says:

    Something coming in the mail tomorrow re USPS Informed Delivery

  5. bob james says:

    Informed Delivery check in mail for delivery tomorrow.

  6. Better than nothing says:

    I got mines yesterday and it was for $1,600. It’s not what I expected but hey it is something

    1. M.E.S says:

      Hey Do you remember what bank your check was drawn on?

  7. liens says:

    I wrote out a response that wasn’t posted. It was pretty detailed so i’ll make this one shorter. My comment earlier was directed at tier 2 claimants who chose Paypal as a payment option but did not receive their payment. If you are expecting a check then you will get something in the mail from KCC. If you are a tier 2 claimant who was expecting a paypal payment, but didn’t receive it, then you will receive something in the mail telling you that they cannot release your payment. Also, the average person does not know whether they can have a lien imposed on them. For example, if you’ve ever received public assistance, you may have signed a document stating that the county that you received the benefits from is putting a lien on your property. If an overachieving state worker is the one who receives the notice from KCC asking if they want to put a lien on your settlement award, they may search all of their databases to check if you’ve received aid from them. I am in the group where the Essure claimants constantly complained about liens and how long they were taking. They were surprised when they found out that their insurance companies took thousands of dollars from their payments, even for visits that had nothing to do with Essure or the complications from it. I know that some of them still haven’t been paid, so if any of you are still in liens resolution for essure AND you’ve entered liens for this settlement, you are going to complicate things for both sides and you should inform your Essure lawyer about this before they find out from the lawyer handling the liens resolution process for their law firm. In fact, it could void both settlement awards if you did not disclose this piece of health information on both claim forms. And just like the Essure settlement ladies, those of you who are in liens resolution for Deva should plan on this taking up to a year since 9-12 months is the standard.

    1. Happy camper says:

      Ok!!😂

    2. Keisha says:

      Kcc said claims will be released on 9/21 ?? For those that we’re waiting so not sure that goes for everyone.

      1. Sasha says:

        @Keisha, That’s what I was told too, so that’s what I’m listening to.

        1. Keisha says:

          Exactly

  8. David says:

    Thanks for some useful information

  9. Liens says:

    If you haven’t received a tier 2 payment via PayPal then you are stuck in liens. That can take a year to resolve even if the claims administrator determines that you have none. That’s because this payment is considered a payment for medical reasons and any insurance company that you’ve had since you used the product can try to make a claim for the money. I can tell you that if you claimed depression and later went to therapy for other reason, the insurance company that paid for those therapy visits will be getting some money if you mentioned depression or anything like that in your claim form. They can successfully argue that your hair loss contributed to your overall need for therapy. I know that someone in the essure settlement had 25% of her award taken by the insurance company that paid for therapy sessions even though she never went to therapy for that. She was in therapy due to work stress and her therapist passed along notes that made no mention of essure during their sessions. If you’ve ever been in liens for any other lawsuit, including something like a payment from a car accident, then you will also experience a delay since those “files” will be reopened to see what claims you made in them. That could result in a lower payment from Deva as well.

    1. DJ says:

      Liens,

      I had a medical bill from a walk-in ER clinic that I submitted but I paid with my debit card. The bill said Paid on it. I hope they didn’t put a lien hold for that bill.

      1. Dee says:

        $384.15 today in the mail

    2. Sasha says:

      I didn’t see a therapist or a medical doctor. I sent receipts and also before and after pictures. I know it got approved for tier 2, but I haven’t received anything. And if paypal is an option, I always pick paypal, so I don’t know what’s going on.

      1. DJ says:

        I mailed my claim form so waiting on a check. Hopefully, tomorrow or Sat. I emailed them and received a generic reply stating they received my claim and it takes time for claims to be fully processed. Also, says call the phone number 855-786-1011. Guess it’s a waiting game now.

      2. Liens says:

        Sasha…..The liens process happens even if you did not see a doctor or therapist. The delay could be something as simple as an insurance company that you’ve had not replying to the claims administrator. It could also be that your insurance company told the claims administrator to hold your payment while they investigate the
        Claims that you made in the deve claim form against your medical file. DJ, the claims administrator is required to do the same, contact every insurance company in the country. If you don’t receive your check by next then that means someone told them to hold the payment. It’s also possible that the insurance company called the clinic to confirm the reason for your appointment. If the clinic charged you their uninsured person rate then they can also ask to be paid the difference between the cheaper rate and their regular amount. I worked in liens for a car insurance company for years so I can confirm that liens can take up to a year, sometimes longer if you’ve previously gone through liens somewhere else. We’d often receive request for information from lien administrators who were working on a claim from someone who we’d paid out years before.

        1. DJ says:

          Just wondering, how would the admins even know if someone had any Insurance? I paid out of pocket and didn’t even have insurance at the time. Also, the clinic I went to is closed for good now. I will wait until Monday to see if I receive a check in the mail.

          1. Sasha says:

            I emailed them yesterday and they told me I should recieve it by the 21st, so now I wait…some more!

    3. Chris says:

      I just received an email that says my payment of $384.15 will be mailed by September 21

    4. What’s really going on says:

      “Liens “not necessarily true

      You stated “if you haven’t received a tier 2 payment via PayPal then your stuck in liens

      I never had a PayPal account nor do I want one

      No! No! Liens against me either 🤷‍♀️What about the people in tier 2 that doesn’t have any liens or PayPal?

      Can’t wait to see what happens and who doesn’t at least turn the phone lines back on. This has never happened before (to me anyways) we were able to speak to a representative back in May

      Now! Nobody that not right and unprofessional

      I’m I right?🤷‍♀️

    5. Happy Person over here says:

      Again “Liens”

      I don’t have any liens!

      I don’t have a PayPal account and yes! I’m receiving a paper check

      Your saying that if I didn’t receive a PayPal payment I have a lien

      That’s just not so! In my case anyways

      Only two people posted they got PayPal payments ???????? They say🤷‍♀️ Remember that saying in back in the 80’s show me the beef😂😂

      I’m just saying I’ll post mines without a problem when I get it

      I’m sure more people picked that option if they had it

      I know I didn’t because I don’t have a PayPal account and you can’t tell me I’m not getting what I’m supposed to be getting in a paper check

      Because I don’t have PayPal

  10. Sick of Waiting says:

    Who’s still waiting for paypal payment even though they said the 14th and other people have already gotten theirs???🙋🏽‍♀️

    1. Megan says:

      A lot of people is still waiting not sure what’s going on?

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