Fairness Hearing

The Court will hold a hearing to decide whether to approve the settlement and to address any appeals of the Claims Administrator’s determinations. You may attend and you may ask to speak, but you don’t have to.

When and where will the Court consider the Settlement, the plan of distribution, request for attorneys’ fees and litigation expenses, and award to Class Representatives?

  • On October 27, 2026, at 11:00 a.m., a hearing will be held on the fairness of the proposed settlement (the “Fairness Hearing”).
  • At the hearing, the Court will consider whether the settlement is fair, reasonable, and adequate, and the Court will also decide the amount of attorneys’ fees and costs to be awarded.
  • If there are any objections to the settlement or the request for attorneys’ fees and costs, the Court will consider and rule upon them.
  • The hearing will take place before the Honorable J. Mark Hayes, II, Circuit Court Judge, Seventh Judicial Circuit, at 180 Magnolia St, Spartanburg, SC 29306.
  • After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

Do You have to Come to the Hearing?

  • Class Counsel will answer questions the Court may have at the Fairness Hearing. But you are welcome to come to the Fairness Hearing at your own expense.
  • If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it.
  • You may also pay your own lawyer to attend the Fairness Hearing, but it’s not necessary.

May You Speak at the Hearing?

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you would have to do the following by October 17, 2026:

  1. Provide a written notice to the Clerk of Court indicating that you intend to be heard at the Fairness Hearing;
  2. Indicate the basis for your appearance along with a statement that indicates why you oppose or support the Settlement or certification of the Class; and
  3. Provide a copy of such written notice and any related briefs, documentation, or other materials to the Court, Class Counsel, and Settling Defendants’ Counsel. The written notice must contain your full name and current mailing address.