
Investors who purchased or otherwise acquired LuxUrban Hotels Inc. publicly traded common stock or 13% Series A Cumulative Redeemable Preferred Stock between May 9, 2023, and Aug. 20, 2024, may be eligible to claim a cash payment from a class action settlement.
LuxUrban executives Brian Ferdinand and Shanoop Kothari agreed to pay $3 million to settle a securities class action lawsuit alleging LuxUrban and certain executives made materially false and misleading statements about the company's portfolio of leased hotel properties. The plaintiffs claimed these statements artificially inflated the price of LuxUrban securities and caused investor losses when the company issued corrective information.
Who can file a claim?
The settlement includes all persons and entities who purchased or otherwise acquired LuxUrban publicly traded common stock (Nasdaq: LUXH) or 13% Series A Cumulative Redeemable Preferred Stock (Nasdaq: LUXHP) between May 9, 2023, and Aug. 20, 2024, inclusive, and suffered damages as a result.
Additional details
- Both individuals and entities can be class members.
- Each separate legal entity or separately managed account must submit a separate claim.
- Authorized representatives may submit claims on behalf of beneficial owners subject to the requirements of the claim form.
- Executors, administrators, guardians, conservators, custodians, trustees and legal representatives may submit claims on behalf of others and must provide proof of authority.
- Joint owners must each sign the claim form.
How much is the LuxUrban payout?
The total settlement fund is $3,000,000. The amount each class member will receive depends on several factors:
- The number of valid claims submitted
- The number of shares purchased or acquired during the class period
- The timing of each investor purchase, sale and holding
- The total recognized losses of all claimants
The settlement administrator will distribute payments on a pro rata basis according to the court-approved plan of allocation:
- The estimated average distribution per share of common or preferred stock is approximately $0.05 before deductions. After estimated deductions for attorneys' fees and expenses, settlement administration costs and service awards to class representatives, the estimated average net recovery is approximately $0.03 per share.
- The settlement administrator will calculate recognized losses using the court-approved plan of allocation, which applies different formulas depending on when class members purchased, sold or held their securities.
- For shares purchased during the class period and sold before Jan. 17, 2024, the recognized loss is $0.
- For shares purchased during the class period and sold between Jan. 17, 2024, and the close of trading on Aug. 20, 2024, the recognized loss is the lesser of the per-share price inflation on the purchase date minus the per-share price inflation on the sale date, or the purchase price minus the sale price.
- For shares purchased during the class period and sold between Aug. 21, 2024, and Nov. 18, 2024, inclusive, the recognized loss is the least of the per-share price inflation on the purchase date, the purchase price minus the sale price, or the purchase price minus the 90-day lookback value on the date of sale (pages 15-16 of the settlement notice).
- For shares purchased during the class period and still held as of the close of trading on Nov. 18, 2024, the recognized loss is the lesser of the per-share price inflation on the purchase date, or the purchase price minus the 90-day lookback average closing price of $0.06 for common stock or $15.29 for preferred stock.
- For shares purchased between May 14, 2024, and Aug. 20, 2024, the settlement administrator reduces the recognized loss calculated under the formulas above by 90%.
- The settlement administrator will set any recognized loss that calculates to a negative number to $0.
- If total recognized losses exceed the fund, the settlement administrator will reduce payments on a pro rata basis.
- Class members whose payment would be less than $10 will not receive a payout.
How to claim a LuxUrban securities class action settlement payment
Class members may file a claim online or download, print and complete the PDF claim form (pages 22-24 of the settlement notice) and mail it to the settlement administrator. The claim deadline is Aug. 10, 2026.
Settlement administrator's mailing address: LuxUrban Hotels Inc. Securities Settlement, c/o Strategic Claims Services, 600 N. Jackson St., Ste. 205, P.O. Box 230, Media, PA 19063
Proof or documentation required to submit a claim
All class members must provide their full Social Security or taxpayer identification number. They must also provide holdings and transaction information, including:
- Number of shares of LuxUrban common stock and preferred stock held as of May 8, 2023
- Trade dates for purchases and sales of LuxUrban common stock and preferred stock between May 9, 2023, and Nov. 18, 2024
- Number of shares purchased, acquired or sold
- Total purchase, sale or acquisition price
- Number of shares of LuxUrban common stock and preferred stock held as of Nov. 18, 2024 (if applicable)
Class members must also provide documentation to support their transactions in LuxUrban securities. Acceptable proof includes:
- Broker confirmation slips
- Broker account statements
- Authorized statements from a broker, financial advisor or financial institution containing the transactional information found in a confirmation slip
$3 million settlement fund
The $3,000,000 settlement fund includes:
- Settlement administration costs: To be determined
- Attorneys' fees: Up to $990,000
- Attorneys' expenses: Up to $275,000
- Service awards to class representatives: Up to $10,000 total
- Payments to eligible class members: Remainder of the fund
Important dates
- Deadline to file a claim: Aug. 10, 2026
- Opt-out deadline: Aug. 18, 2026
- Settlement hearing: Sept. 8, 2026
When is the LuxUrban securities class action settlement payout date?
The settlement administrator will issue payments to eligible class members after the court resolves any appeals and grants final approval of the settlement.
Why did this class action settlement happen?
The class action lawsuit alleged LuxUrban Hotels Inc. and certain executives made false and misleading statements about the company's execution of lease agreements for its portfolio of hotel properties. The plaintiffs claimed these statements inflated the price of LuxUrban securities and caused investor losses when corrective information entered the market.
The individual defendants denied all allegations of wrongdoing but agreed to settle to avoid the costs, risks and delays of continued litigation.
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