$5.2 Million Settlement Reached to Resolve DevaCurl Class Actions; Deal Awaits Judge’s Approval [UPDATE]

The attorneys handling a group of 13 class action lawsuits that alleged certain DevaCurl products can cause scalp irritation and hair loss have asked a federal judge to approve a proposed $5.2 million settlement to end the litigation.

According to a July 26 court filing, the proposed settlement, which still needs preliminary approval before proceeding, is the result of roughly six months of “vigorous, arm’s-length negotiation” with the aid of an experienced mediator. The filing states that the settlement is “an excellent result” for DevaCurl users in that it offers multiple forms of monetary relief and avoids the risks both sides would have faced had the cases gone to trial. As part of the settlement, DevaCurl has also agreed to adjust the labeling of certain products for at least two years to better educate buyers on product safety information.

If you’ve bought DevaCurl products and experienced adverse reactions, here’s what you need to know about the proposed settlement.

Be sure to scroll down to see which DevaCurl products are included—and how much you might get from the settlement.

Who’s covered by the DevaCurl class action settlement?

The proposed deal is slated to cover anyone in the United States who bought and/or used any of the DevaCurl products listed below between February 8, 2008 and 30 days after the date of  preliminary settlement approval.

Which DevaCurl products are included?

The deal looks to include the following products:

How much money could I get from the settlement?

There are two “tiers” of monetary relief proposed by the settlement, as described below.

Importantly, for consumers to be eligible for a Tier 2 payment, they must submit appropriate evidence documenting the harm they’ve suffered as a result of using a DevaCurl product. Examples of qualifying supporting documentation may include the following: “before” and “after” photographs of the hair and/or scalp; medical records, doctor’s notes and test results; statements from a doctor, hair stylist or other witness to the injuries; medical bills; and credit card statements or receipts detailing out-of-pocket expenses.

Court documents state that the proposed settlement administrator, KCC, will be responsible for calculating Tier 2 monetary awards and will adjust compensation accordingly for consumers who have already been compensated by Deva Concepts for their injuries.

More specifically, the court filing states:

The Settlement Administrator will determine the value of all Tier 2 claims, and award points based upon, without limitation, the sufficiency and credibility of the evidence provided, the severity of the hair loss, balding, thinning and/or scalp irritation, duration of the hair loss, balding, thinning, scalp irritation and amount of documented out-of-pocket expenses. If necessary to evaluate a claim, the Settlement Administrator may issue a one-time request to the Claimant to provide any information that is missing or improperly submitted on the Tier 2 Claim. The Settlement Administrator shall review any revised Tier 2 Claims and adjust the points assigned, if warranted.”

The amount of settlement money to be awarded to Tier 2 claimants will be subject to a final review by attorneys for both parties before going to a special master for one last binding determination.

What about the product label changes?

In addition to the monetary compensation outlined above, the proposed settlement will require Deva Concepts to make specific labeling changes. All new products made by the company after July 1, 2021, and for a period of at least two years thereafter, must display labels instructing users to “[s]can for education, how-tos and product safety information,” along with an accompanying QR code directing consumers to a landing page with additional information.

Where and how can I file a claim?

If and when the settlement receives preliminary approval, you can head to the proposed official settlement website—CurlyHairSettlement.com—to file a claim and learn more.

Please note that the website is not yet live and will only become active after the settlement receives preliminary approval and notices are sent to those covered by the deal.

Can I file a claim now?

Not quite yet. The proposed settlement still needs preliminary approval from a judge before DevaCurl users can file claims. We’ll update this page as things progress, so be sure to check back for updates.

If and when the deal is preliminarily approved, notices will be sent to DevaCurl users by regular mail or email. Notice of the settlement is also set to be published with certain media outlets, so keep an eye out.

Learn more about class action notices and how settlement administrators get your information right here.

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