
Investors who purchased or otherwise acquired Tattooed Chef Inc. common stock between Dec. 15, 2020, and Nov. 28, 2022, may be eligible to claim a cash payment from a class action settlement.
Salvatore Galletti, Stephanie Dieckmann and Sarah Galletti agreed to pay $4.75 million to settle a securities class action lawsuit alleging Tattooed Chef Inc. and certain executives made materially false and misleading statements and omitted material facts. The lawsuit claimed the defendants misrepresented Tattooed Chef's revenue growth, financial projections, internal controls and line of credit, which allegedly inflated the company's stock price and caused investor losses when the public learned the truth.
Who can file a claim?
The settlement includes all persons and entities who purchased or otherwise acquired Tattooed Chef Inc. common stock on the Nasdaq between Dec. 15, 2020, and Nov. 28, 2022, inclusive.
Additional details
- Both individuals and entities can be class members.
- Each separate legal entity must submit a separate claim.
- Each single entity must include all of its accounts on one claim form.
- The beneficial owner (not the record owner) must submit the claim, and joint owners must each sign the claim form.
- Agents, executors, administrators, guardians and trustees may submit claims on behalf of others and must provide proof of authority.
How much can class members get?
The total settlement fund is $4,750,000. 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 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 recovery is approximately $0.11 per share before deductions for fees, expenses, costs and awards.
- Actual payments may be higher or lower depending on individual claims and the total number of valid claims.
- The settlement administrator will calculate each class member's recognized loss using the court-approved plan of allocation that is based on when they purchased and sold their shares.
- For shares purchased between Dec. 15, 2020, and Oct. 12, 2022, the recognized loss depends on when the class member sold their shares:
- Shares sold before Oct. 13, 2022, have a recognized loss of $0.
- Shares sold between Oct. 13, 2022, and Nov. 28, 2022, have a recognized loss equal to the lesser of $4.49 minus the sale price or the purchase price minus the sale price. The $4.49 figure is Tattooed Chef's closing price on Oct. 12, 2022.
- Shares sold between Nov. 29, 2022, and Feb. 24, 2023, have a recognized loss equal to the lesser of $3.05 or the purchase price minus the average closing price from Nov. 29, 2022, through the date of sale as set forth in the plan of allocation (Page 9 of the settlement notice). The $3.05 figure reflects the stock's decline from its $4.49 close on Oct. 12, 2022, to its $1.44 close on Nov. 29, 2022.
- Shares held as of Feb. 24, 2023, have a recognized loss equal to the lesser of $3.05 or the purchase price minus $1.37, the average closing price from Nov. 29, 2022, through Feb. 24, 2023.
- For shares purchased between Oct. 13, 2022, and Nov. 28, 2022, the recognized loss depends on when the class member sold their shares:
- Shares sold between Oct. 13, 2022, and Nov. 28, 2022, have a recognized loss equal to the purchase price (not to exceed $4.49) minus the sale price.
- Shares sold between Nov. 29, 2022, and Feb. 24, 2023, have a recognized loss equal to the lesser of $3.05 or the purchase price minus the average closing price from Nov. 29, 2022, through the date of sale as set forth in the plan of allocation.
- Shares held as of Feb. 24, 2023, have a recognized loss equal to the purchase price minus $1.37.
- The settlement administrator will set any recognized loss that calculates to a negative number to $0.
- If total recognized losses exceed the net settlement 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 but will still be bound by the settlement.
How to claim a Tattooed Chef securities class action settlement payment
Class members may file a claim online or download, print and complete the PDF claim form and mail it to the settlement administrator. The claim deadline is Aug. 4, 2026.
Settlement administrator's mailing address: Tattooed Chef Securities Settlement, c/o Epiq, P.O. Box 4819, Portland, OR 97208-4819
Proof or documentation required to submit a claim
All class members must provide the last four digits of their Social Security number or taxpayer identification number. They must also provide holding and transaction information, including:
- Number of shares held as of Dec. 15, 2020
- Trade dates for all purchases, acquisitions and sales from Dec. 15, 2020, through Feb. 24, 2023
- Number of shares purchased, acquired or sold
- Total purchase, acquisition or sale price
- Number of shares held as of Feb. 24, 2023
Class members must also provide documentation to support their holdings and transactions in Tattooed Chef common stock. Acceptable proof includes:
- Broker confirmation slips
- Broker account statements
- Authorized statements from a broker containing the transactional and holding information found in a confirmation slip or account statement
$4.75 million settlement fund
The $4,750,000 settlement fund includes:
- Settlement administration costs: To be determined
- Attorneys' fees: Up to $1,330,000
- Attorneys' expenses: Up to $450,000
- Service awards to lead plaintiffs: Up to $25,000 total
- Payments to eligible class members: Remainder of the fund
Important dates
- Deadline to file a claim: Aug. 4, 2026
- Opt-out deadline: Aug. 13, 2026
- Final approval hearing: Sept. 3, 2026
When is the Tattooed Chef securities class action settlement payout date?
The settlement administrator will issue payments after it processes all claims and the court resolves any appeals and grants final approval of the settlement.
Why did this class action settlement happen?
The class action lawsuit alleged Tattooed Chef and certain executives made false and misleading statements about the company's revenue growth, projections, internal controls and line of credit. The plaintiffs claimed these statements artificially inflated Tattooed Chef's stock price and caused investor losses when the truth reached the market.
The defendants denied all allegations of wrongdoing but agreed to settle to avoid the costs, risks and delays of continued litigation.
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