1. Why was notice issued?
2. What is a class action?
3. What is this lawsuit about?
4. Why is there a Settlement?
5. How do I know if I am in the Settlement Class?
6. What does the Settlement provide?
7. How much will my cash payment be?
8. When will I get my payment?
9. How do I get a payment?
10. What am I giving up if I stay in the Class?
11. Do I have a lawyer in the case?
12. How will the lawyers be paid?
13. How do I get out of the Settlement?
14. If I don’t exclude myself, can I sue the Defendants for the same thing later?
15. If I exclude myself, can I get anything from this Settlement?
16. How do I object to the Settlement?
17. What’s the difference between objecting and excluding myself from the Settlement?
18. When and where will the Court decide whether to approve the Settlement?
19. Do I have to come to the hearing?
20. May I speak at the hearing?
21. Where do I get more information?
A Court authorized notice 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. The Notice explains the lawsuit, the Settlement, and your legal rights.
The case is called Ruiz v. The Museum of Sex LLC et al., Index No. 817560/2024E pending in the Supreme Court of the State of New York, County of Bronx. The person who sued is called the Plaintiff. The Defendants are The Museum of Sex LLC and MoSex Exhibit 1 LLC.
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In a class action, one or more people called class representatives (in this case, Arling Ruiz) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.
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This lawsuit claims that Defendants failed to timely disclose a service charge for online tickets to its museum in New York City, in alleged violation of ACAL § 25.07(4). The Defendants deny they violated any law. The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.
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The Court has not decided whether the Plaintiff or the Defendants should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.
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The Court decided that everyone who fits the following description is a member of the Settlement Class:
All individuals in the United States who purchased an electronic ticket to the Museum of Sex NYC from August 29, 2022, to and through October 30, 2024. |
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Compensatory Relief. Settlement Class Members may either (1) do nothing; or (2) submit a valid Claim Form to receive a cash payment equal to the amount of service charges paid.
Defendants have also agreed to pay all approved claims to the Settlement Class, together with notice and administrative expenses, approved attorneys’ fees and costs to Class Counsel, and service awards to the Class Representatives.
Prospective Relief. Additionally, as part of the Settlement, Defendants acknowledge that they have changed the purchase flow for tickets to its New York museum on their website and agree to continue to comply with the ACAL § 25.07(4) going forward.
A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is accessible by clicking here.
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You must submit a Claim Form (see instructions below) to receive a cash payment. If you submit a valid Claim Form, you will receive a cash payment equal to the amount of service charges you paid.
The Museum of Sex charged a $4.00 service fee per ticket for all tickets purchased on-line from the Museum’s website. For example, if you purchased two tickets to the Museum of Sex through the Museum’s website, you would receive payment of $8.00 under the terms of this Settlement.
You must provide proof of your Settlement Class membership when filing a claim by providing the unique Notice ID and Confirmation Code on the notice you received by e-mail. If for some reason you did not receive this information, but believe you are a Settlement Class Member, please call 1-866-675-2696 to verify your identity and receive further information on how to file a claim.
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The hearing to consider the fairness of the Settlement is scheduled for July 29, 2025. If the Court approves the settlement, you will receive your cash payment if you submitted a valid claim, 60 days after the Settlement has been finally approved and/or after any appeals process is complete. If you elected a cash payment, your payment will be made in the form you elected (PayPal, Venmo, Zell, or check), and all checks will expire and become void 180 days after they are issued.
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Settlement Class Members may either (1) do nothing; or (2) submit a valid Claim Form to receive a cash payment to receive a cash payment equal to the amount of processing fees paid.
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If the Settlement becomes final, you will give up your right to sue the Defendants and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against the Defendants are described in the Settlement Agreement. You will be “releasing” the Defendants and certain of its affiliates, employees and representatives as described in Section 1.26 of the Settlement Agreement. Unless you exclude yourself (see FAQ 13), you are “releasing” the claims, regardless of whether you claim your settlement benefit or not. The Settlement Agreement is available on the “Important Documents” page of this 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 FAQ 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.
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The Court has appointed Philip L. Fraietta and Stefan Bogdanovich of Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. 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 expense.
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Class Counsel’s attorneys’ fees, costs, and expenses will be paid separately by Defendant and awarded by the Court. Class Counsel is entitled to seek no more than $156,750.00, but the Court may award less than this amount.
As approved by the Court, the Class Representative will separately be paid a service award by Defendants for helping to bring and settle the case. The Class Representative may seek up to $5,000 as a service award, but the Court may award less than this amount.
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To exclude yourself from the Settlement, you must submit a request for exclusion by 11:59 p.m. EST on June 20, 2025. Requests for exclusion may be submitted either on this website (accessible here) or by mailing or otherwise deliver a letter (or request for exclusion) stating that you want to be excluded from the Ruiz v. The Museum of Sex LLC et al., Index No. 817560/2024E settlement. Your letter or request for exclusion must also include your name, your address, a statement that you purchased electronic tickets to the Museum of Sex NYC from August 29, 2022 through and including October 30, 2024; and paid a service charge in connection with such purchase, your signature, the name and number of this case, and a statement that you wish to be excluded. If you choose to submit a request for exclusion by mail, you must mail or deliver your exclusion request, postmarked no later than June 20, 2025, to the following address:
Museum of Sex Ticket Fee Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92779
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No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.
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No. If you exclude yourself, you will not receive any payment from the Settlement Fund.
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If you are a Class Member, you can object to the Settlement if you do not 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 Court a letter or brief stating that you object to the Settlement in Ruiz v. The Museum of Sex LLC et al., Index No. 817560/2024E and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a 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, 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 a copy of your letter or brief to Class Counsel and Defendants’ Counsel listed below.
Class Counsel will file with the Court and post on this website its request for attorneys’ fees by June 6, 2025.
If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to FAQ 20), you must say so in your letter or brief. File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendants’ Counsel, at the addresses below, postmarked no later than June 20, 2025.
Court | Class Counsel | Defendants’ Counsel |
The Honorable Erik L. Gray | Philip L. Fraietta | Robert J. Basil |
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Objecting simply means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
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The Court will hold the Final Approval Hearing at 2:30 p.m. on July 29, 2025, in Part 30, in Courtroom 703 at the Supreme Court of the State of New York, County of Bronx, 851 Grand Concourse, Bronx, NY 10451. 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 Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for service awards to the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.
The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates on this website. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.
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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 do not 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 is not required.
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Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Ruiz v. The Museum of Sex, LLC., Index No. 817560/2024E.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than June 20, 2025, and be sent to the addresses listed in FAQ 16.
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This website and the Notice summarize the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here. You may also write with questions to Museum of Sex Ticket Fee Settlement, c/o Settlement Administrator, P.O. Box 25226 Santa Ana, CA 92799. You can call the Settlement Administrator at (866) 675-2696 or Class Counsel at (646) 837-7150, if you have any questions. Before doing so, however, please read the full Notice carefully.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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