1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a Settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. Do I have a lawyer in the case?
10. Should I get my own lawyer?
11. How will Class Counsel be paid?
12. How do I opt out of the Settlement?
13. How do I tell the Court if I like or do not like the Settlement?
14. What is the difference between objecting and excluding?
15. When is the Court’s Final Approval Hearing?
16. Do I have to come to the Final Approval Hearing?
17. What happens if I do nothing at all?
18. How do I get more information?
The United States District Court for the District of Utah authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned Yates, et al. v. Traeger Pellet Grills, LLC, Case No. 2:19-cv-00723, pending in the United States District Court for the District of Utah. The people that filed this lawsuit is called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, Traeger, is called the “Defendant.”
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This lawsuit alleges Traeger violated certain Utah and California advertising laws by incorrectly stating the type of wood used in certain bags of wood pellets, or by incorrectly claiming that the pellets were 100% hardwood, or both. Traeger denies that it did anything wrong.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representatives are Michael Yates and Norm Jones, and everyone included in this Action are the Class Members.
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The Court did not decide in favor of the Plaintiffs or the Defendant. Plaintiffs and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Settlement Class includes all persons who bought Traeger wood pellets, either in stores or online, while in either California or Utah, after October 1, 2015.
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Yes. Excluded from the Settlement Class are: (a) all persons who are employees, directors, officers, and agents of Traeger, the Judge assigned to the Action, and that Judge’s immediate family and Court staff.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by contacting the Settlement Administrator at:
Traeger Wood Pellet Settlement
c/o Settlement Administrator
PO Box 25226
Santa Ana CA, 92799
info@TraegerWoodPelletSettlement.com
(866) 675-2564
You may also view the Settlement Agreement here.
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Traeger has agreed to a settlement valued at $1,500,000.00. Of this value, $750,000 will be used to distribute $3.00 “tear off” coupons, which will be attached to certain bags of wood pellets or on shelves where the bags are displayed in certain stores in California and Utah. Class Members may use these coupons to receive an immediate discount at the register.
If you have questions you can contact the Settlement Administrator at:
Traeger Wood Pellet Settlement
c/o Settlement Administrator
PO Box 25226
Santa Ana CA, 92799
info@TraegerWoodPelletSettlement.com
(866) 675-2564
You may also view the Settlement Agreement here.
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Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review here.
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Yes, the Court appointed the law firms of Anderson & Karrenberg, 50 West Broadway, Suite 600, Salt Lake City, Utah 84101, and Kronenberger Rosenfeld, LLP, 150 Post Street, Ste. 520, San Francisco, CA 94108, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will seek Court approval for attorneys’ fees, plus reasonable costs and expenses of litigation. Class counsel will also request Service Awards of $5,000.00 to each of the two Class Representatives. These fees and costs, as well as the costs of administration, will be paid from the Settlement Fund, but will not affect the amount of money set aside for coupons.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is February 1, 2025.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than February 1, 2025.
Traeger Wood Pellet Settlement
ATTN: Exclusion Request
PO Box 25226
Santa Ana CA, 92799
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
You may only exclude yourself— not any other person.
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If you are a Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.
For an objection to be considered by the Court, the objection must include:
To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court, with copies served on Class Counsel and counsel for Traeger, no later than February 1, 2025.
Clerk of the Court | Class Counsel | Counsel for Traeger |
Clerk of the Court | Jared D. Scott | Julianne P. Blanch |
If you do not comply with the requirements for objecting you will waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement, and will be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the Litigation.
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on April 2, 2025, at 2:30 p.m. Mountain Time, in Room 3.400 of the United States District Court for the District of Utah, at 351 S W Temple Street, Salt Lake City, UT 84101.
At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class, and whether to award a Service Award to each of the Class Representatives who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (See Question 14).
The date and time of this hearing may change without further notice. Please check back for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.
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If you are a Class Member and you do nothing, you will give up the rights described in Question 9, including your right to start a lawsuit or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a benefit from this Settlement.
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This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
Traeger Wood Pellet Settlement
c/o Settlement Administrator
PO Box 25226
Santa Ana CA, 92799
info@TraegerWoodPelletSettlement.com
(866) 675-2564
You may also view the Settlement Agreement here.
Publicly filed documents can also be obtained by visiting the office of the Clerk of the Court, United States District Court for the District of Utah, at 351 S W Temple Street, Salt Lake City, UT 84101.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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