Frequently Asked Questions

A Court authorized this Settlement Website because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to give final approval to the Settlement. This Settlement Website explains the lawsuit, the Settlement, and your legal rights.

The case is called Oliva, et al. v. Moodswings, LLC, Index No. 628144/2025, pending in the Supreme Court of the State of New York, County of Nassau.  The people who sued, Amanda Oliva, Carla Federation, Tara Andersen, Elia “Ellie” Santana, Christopher Dennis, and Lisa Owenby, are called the Plaintiffs or Class Representatives.  The company they sued, Moodswings, LLC, is called the Defendant.

In a class action, one or more people called the Class Representative(s) (in this case, Amanda Oliva, Carla Federation, Tara Andersen, Elia “Ellie” Santana, Christopher Dennis, and Lisa Owenby) sue on behalf of a group or a “Settlement Class” of people who have similar claims.  In a class action, the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

This Action claims that Moodswings failed to timely disclose Service Charges for online purchases of tickets to Moodswings’s shows in California, Colorado, Connecticut, Maryland, New York, and Tennessee during the during certain periods.  Moodswings denies it violated any law.

The Court has not decided whether the Plaintiffs or Moodswings should win this lawsuit.  Instead, both sides agreed to a Settlement. That way, the Parties avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than after the completion of a trial, if at all. The Class Representatives and Class Counsel think the Settlement is best for all Settlement Class Members.

The Court decided that everyone who fits the following description is a member of the Settlement Classes:

California Settlement Class:  All individuals who purchased tickets to one of Moodswings’s shows in the State of California through https://tickets.mesmerica.com, https://tickets.beautifica.show, https://tickets.changeworlds.org, or https://ticketshop.mesmerica.com from July 1, 2024 to June 20, 2025.

Colorado Settlement Class:  All individuals who purchased tickets to one of Moodswings’s shows in the State of Colorado through https://tickets.mesmerica.com, https://tickets.beautifica.show, https://tickets.changeworlds.org, or https://ticketshop.mesmerica.com from August 7, 2024 to August 31, 2025.

Connecticut Settlement Class:  All individuals who purchased tickets to one of Moodswings’s shows in the State of Connecticut through https://tickets.mesmerica.com, https://tickets.beautifica.show, https://tickets.changeworlds.org, or https://ticketshop.mesmerica.com from October 1, 2023 to August 31, 2025.

Maryland Settlement Class:  All individuals who purchased tickets to one of Moodswings’s shows in the State of Maryland through https://tickets.mesmerica.com, https://tickets.beautifica.show, https://tickets.changeworlds.org, or https://ticketshop.mesmerica.com from July 1, 2024 to June 20, 2025.

New York Settlement Class:  All individuals who purchased tickets to one of Moodswings’s shows in the State of New York through https://tickets.mesmerica.com, https://tickets.beautifica.show, https://tickets.changeworlds.org, or https://ticketshop.mesmerica.com from August 29, 2022 to June 20, 2025.

Tennessee Settlement Class:  All individuals who purchased tickets to one of Moodswings’s shows in the State of Tennessee through https://tickets.mesmerica.com, https://tickets.beautifica.show, https://tickets.changeworlds.org, or https://ticketshop.mesmerica.com from July 1, 2023 to August 26, 2025.

To receive a benefit under the Settlement, Settlement Class Members may elect to either: (i) do nothing and receive a Discount Code for a 25% discount on one future purchase of tickets to one of Moodswings’s shows from Moodswings’s Websites; or (ii) timely and validly submit an Approved Claim for a Cash Payment.

• Discount Code: A Discount Code can be used in one transaction for up to 4 tickets or the number of tickets the Settlement Class Member purchased in the Settlement Class Period, whichever is greater. The single-use Discount Code is freely transferrable and stackable, and it will apply to any of Moodswings’s shows in the United States, including Astronomica, Beautifica, Mesmerica, Mesmerica XL, and any future offerings by Moodswings.

• Cash Payment:  Settlement Class Members who timely and validly submit a Claim Form for Cash Payment will receive for each Moodswings ticket they purchased during the Settlement Class Period a payment in the amount of $3.37 for the California Settlement Class, $2.54 for the Colorado Settlement Class, $2.65 for the Connecticut Settlement Class, $3.48 for the Maryland Settlement Class, $7.12 for the New York Settlement Class, and $3.70 for the Tennessee Settlement Class.

Moodswings has agreed to pay all Approved Claims, as well as Settlement Administration Expenses, any Court-approved Fee Award or Service Award to Class Counsel and the Class Representatives, respectively.  Class Counsel intends to apply to the Court for a Fee Award of no more than $274,125 and Class Representatives intend to seek not more than $1,000 each as Service Awards.

Prospective Relief.  Additionally, without admitting guilt or wrongdoing of any kind, Moodswings has changed the purchase flow for tickets on Moodswings’s Websites and agrees to continue complying with Cal. Civ. Code § 1770(a)(29); C.G.S.A. § 53-289a; Colo. Rev. Stat. § 6-1-720; Md. Code, Com. § 13-310.1; N.Y. Arts & Cul. Aff. Law § 25.07(4); and Tenn. Code § 47-50-121 unless and until these laws are amended, repealed, or otherwise invalidated.
 

A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is accessible on the Important Documents page on this Settlement Website. 

You must submit a timely and valid Claim Form no later than September 18, 2026 to receive a Cash Payment.  If your claim is approved, you will receive for each Moodswings ticket you purchased during the Settlement Class Period a payment in the amount of $3.37 for the California Settlement Class, $2.54 for the Colorado Settlement Class, $2.65 for the Connecticut Settlement Class, $3.48 for the Maryland Settlement Class, $7.12 for the New York Settlement Class, and $3.70 for the Tennessee Settlement Class.

You can file a claim by clicking using the Submit Claim button in the upper right corner of this Settlement Website. Your payment will be made digitally (by PayPal, Venmo, or Zelle) or by paper check, at your election.  Claim Forms must be postmarked and mailed, or submitted online, by 11:59 p.m. EST on September 18, 2026.  Failure to submit a timely and valid Claim Form by the Claims Deadline will prevent you from receiving a Cash Payment.

The Final Approval Hearing to consider the fairness of the Settlement is scheduled for December 17, 2026 at 9:15 AM. If the Court approves the Settlement, the Settlement Administrator will issue your Discount Code or Cash Payment to you within 60 days after the Effective Date of the Settlement. If you elected a Cash Payment, your payment will be made in the form you elected (PayPal, Venmo, Zelle, or paper check).  All checks will expire and become void 180 days after they are issued.

If there are no objections to the Settlement, the “Effective Date” will be five (5) days after the Court enters the Final Approval Order and Judgment or Alternative Judgment.  If there are any objections to the Settlement, the Effective Date will depend on the filing of an appeal, as determined pursuant to Section 9.1 of the Settlement Agreement.

If you are a Settlement Class Member and you want to receive a Discount Code, you do not need to do anything.
 

If you are a Settlement Class Member and you want to receive a Cash Payment, you must complete and submit a timely and valid Claim Form by September 18, 2026.

Claim Forms can be found and submitted by using the Submit Claim button in the upper right corner of this Settlement Website, or by printing and mailing a paper Claim Form which can be found on the Important Documents page of this Settlement Website.  You must provide proof of your Settlement Class membership in the Claim Form by providing the unique Notice ID and Confirmation Code on the Notice you received by email.  If for some reason you did not receive this information, but believe you are a Settlement Class Member, please contact the Settlement Administrator at [email protected].  Failure to submit a timely and valid Claim Form by the Claims Deadline will prevent you from receiving a Cash Payment.  Mass, class, or other purported group Claim Forms submitted or signed by an attorney or other person or entity in a representative capacity are not permitted and will not be accepted.
 

We encourage you to submit your claim online.  Not only is it easier, but it is completely free and takes only minutes.

If you do not opt out and the Court approves the Settlement, you will give up your right to sue Moodswings and other Released Parties for the claims being resolved by this Settlement.  The specific claims you are giving up are described in the Settlement Agreement, a copy of which is accessible on the  Important Documents page on this Settlement Website.

The Settlement Agreement describes the Released Claims with specific descriptions, so read it carefully.  If you have any questions you can talk to the lawyers listed in "Do I have a Lawyer in this case?" for free or you can, of course, talk to your own lawyer at your own expense.

The Court has appointed Philip L. Fraietta, Stefan Bogdanovich, and Eleanor R. Grasso of Bursor & Fisher, P.A. to represent the Settlement Classes.  They are called “Class Counsel.”  They believe, after conducting an investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Classes.  If you would like to speak to them, they can be contacted via 646-837-7150.  You will not be charged for these lawyers.  If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

Class Counsel’s fees, costs, and expenses will be awarded by the Court and paid separately by Moodswings.  Class Counsel will file a fee petition seeking no more than $274,125, which includes reimbursement of their costs and expenses.  The Court may award less than this amount.

Subject to approval by the Court, the Class Representatives may separately be paid Service Awards of $1,000 for helping to bring and resolve the case.  The Court may award less than this amount, which will be paid separately by Moodswings.

To exclude yourself from the Settlement, you must mail a request to opt out no later than September 18, 2026 to the Settlement Administrator at the following address:

Oliva v Moodswings LLC
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

Your opt-out request must be personally signed by you, and it must contain:  (1) your name, address, telephone number, and email address (if any); (2) the name and case number of the Action (Oliva, et al. v. Moodswings, LLC, Index No. 628144/2025); and (3) a statement indicating a request to be excluded from the Settlement.  A request to be excluded that does not include all of this information, or that is sent to an address other than the address provided above, or that is not postmarked within the time specified, shall be invalid.
 

Mass, class, or other purported group opt-outs submitted or signed by an attorney or other person or entity in a representative capacity are invalid and will not be accepted.

No. Unless you exclude yourself, you give up any right to sue Moodswings for the claims being resolved by this Settlement.

No. If you exclude yourself, you will not receive a Discount Code or be eligible to submit a Claim Form for Cash Payment.

If you are a Settlement Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it.  The Court will consider your views.

To object, you must file with the Clerk of the Court, or, if you are represented by counsel, file through the Court’s NYSCEF system, a letter or brief stating that you object to the Settlement in Oliva, et al. v. Moodswings, LLC, Index No. 628144/2025 and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections.  For filing with the Clerk of the Court, the Court’s address is:

Supreme Court of the State of New York, County of Nassau
100 Supreme Court Drive
Mineola, New York 11501

Your letter or brief must also include:
 

• The name and case number of the Action;
 

• Your name and address;
 

• An explanation of the basis upon which you claim to be a Settlement Class Member;
 

• The name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection or who may profit from the pursuit of the objection;

 

• A statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel who files an appearance with the Court); and
 

• Your signature.

If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption.
 

You must also mail or deliver by hand or overnight delivery service a copy of your letter or brief to Class Counsel, Moodswings’s Counsel, and the Settlement Administrator at the addresses below, postmarked no later than September 18. 2026.

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you remain a Settlement Class Member.  Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at Supreme Court of the State of New York, County of Nassau, 100 Supreme Court Drive, Mineola, NY on December 17, 2026 at 9:15 AM.  The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by visiting the main page of this Settlement Website.

The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Settlement Classes; to consider Plaintiffs’ Application for Fee Award and Service Awards.  At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include in your letter or brief objecting to the Settlement a statement saying that you intend to appear at the hearing.

This Settlement Website summarizes the Settlement.  More details are in the Settlement Agreement, a copy of which is accessible on the Important Documents page on this Settlement Website.

You may also update your address or write with questions to Oliva v. Moodswings LLC c/o Kroll Settlement Administration LLC at PO Box 225391 New York, NY 10150-5391.  You can email the Settlement Administrator at [email protected] or call Class Counsel at (646) 837-7150, if you have any questions.

Before doing so, however, please read this full Notice carefully.  You may also find additional information on the Settlement Website.