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The Notice of Proposed Class Action Settlement and Hearing provides important information regarding your right to participate in or to opt out of a proposed settlement in a putative class action lawsuit (referred to in this notice as the “Settlement”). Named Plaintiff, Raphyr Lubin (“Plaintiff”), filed a lawsuit against Starbucks Corporation (“Defendant”) in the U.S. District Court, Middle District of Florida, Tampa Division. Plaintiff and Defendant are referred to in this notice together as the “Parties.”
Plaintiff alleges in his lawsuit that Defendant provided him and other putative class members with a COBRA Notice that violated the notice requirements of COBRA. Defendant denies the allegations and maintains that the COBRA Notice complied with all applicable laws, but Defendant has agreed to the settlement to avoid the uncertainties and expenses of continuing the case. The judge has not made any determination about who is right or wrong in the case. A summary of the claims asserted in the lawsuit and the proposed Settlement follows.
- The notice at issue is referred to as a “COBRA Notice,” and the continuation of health insurance coverage after separation of employment is called “COBRA continuation coverage,” after the Consolidated Omnibus Budget Reconciliation Act of 1985. The COBRA Notice is designed to provide former employees who were covered under employer sponsored group health care plans with information and details regarding their right to continue their healthcare coverage and the terms and conditions of that COBRA continuation coverage. 29 U.S.C. § 1166(a) (2), (a)(4), (c). The lawsuit generally alleges Defendant provided Plaintiff and other putative class members with a deficient COBRA Notice. More specifically, Plaintiff asserted that Defendant’s COBRA Notice did not adequately inform him how to exercise his right to elect COBRA continuation coverage in violation of 29 C.F.R. § 2590.606–4(b)(4) et seq. As a result of the alleged violations in the Complaint, Plaintiff sought statutory penalties, injunctive relief, attorneys’ fees, costs and expenses on behalf of himself and all others similarly-situated.
- Defendant denies that its COBRA Notice was deficient in any manner and denies that it has any liability to Plaintiff or the putative class. Rather, Defendant has asserted that its COBRA Notice complied with any and all relevant laws, including COBRA and the Employee Retirement Income Security Act. Furthermore, had the Parties proceeded in the litigation, Defendant further denies that the matter would have proceeded on a class action basis.
- At this point in the case, the presiding judge has not made any determination about who is right or wrong. Rather, instead of proceeding with potentially years of litigation with uncertain outcomes, the parties have agreed to resolve the lawsuit through a Court-supervised settlement to avoid further cost and uncertainty. The case has already been pending for six years.
- The Parties seek to settle this dispute on behalf of Plaintiffs and a “Settlement Class,” which the Parties have agreed to define as follows: “All participants not subject to Starbucks’ Arbitration Agreement, and all beneficiaries in the Defendant’s Welfare Benefits Plan, including the Health Plan and Vision Plan, in the United States who were sent a COBRA notice between July 21, 2016, through January 1, 2023, as a result of a qualifying event, as determined by Defendant and/or its third party administrator and, who did not elect continuation coverage.”
- Membership in the Settlement Class will be determined based upon Defendant’s records during the Class Period. It is estimated that the Settlement Class is comprised of 33,800 potential members.
- You received notice of this Settlement by U.S. Mail, which directed you to this website because Defendant’s records indicate that you are a “Settlement Class Member” and eligible to receive payment from this proposed class action settlement.
- Your rights and options—and the deadlines to exercise them—are explained in this Notice. Here is a brief summary of your rights and options.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
| File a Claim by December 2, 2026 |
The Settlement provides for a fund of $325,000.00 to be made available to approximately 33,800 Settlement Class Members. Every Settlement Class Member who submits a valid claim form will receive their pro-rata share of the Net Settlement Fund, which shall be disbursed in full to all Settlement Class Members. As a member of the Settlement Class, you will release Defendant and others (the “Released Parties”) from any potential liability regarding the COBRA Notice, including but not limited to the issues raised in this lawsuit. You may submit a claim by mailing a completed claim form postmarked no later than December 2, 2026. Additional instructions for submitting a claim are provided in FAQ question 7. |
| Do Nothing | If you choose to do nothing (including deciding to not file a claim), you will not receive a check. However, you will still release Defendant and the Released Parties from any potential liability regarding the COBRA Notice, including but not limited to the issues raised in this lawsuit. |
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Ask to be |
If you do not want to be included in the case and the Settlement, you must take action to exclude yourself. This is called “opting out.” To opt out, you must send a written opt-out request to the Settlement Administrator postmarked by December 2, 2026, via U.S. Mail to Lubin v Starbucks Corp, c/o Settlement Administrator, PO Box 23309, Jacksonville, FL 32241-3309. Your written opt-out request must (i) state the case name and number (Lubin v. Starbucks Corp., M.D. Fla. Case No.: 8:20-cv-01311-CEH-TGW); (ii) state your name, address, telephone number, mailing address, and email address; and (iii) include your personal signature. If you elect to opt out, you may pursue your own individual action against Defendant for the claims raised in this case if you choose to do so. |
| Object by December 2, 2026 |
If you do not like the Settlement, or any of its specific terms, you may “object.” To object, you must file a written objection with the Court and send a copy of your objection to the Settlement Administrator postmarked by December 2, 2026, via U.S. Mail to Lubin v Starbucks Corp, c/o Settlement Administrator, PO Box 23309, Jacksonville, FL 32241-3309. Your written objection must (i) state the case name and number; (ii) provide the specific grounds for your objection; (iii) state whether your objection pertains to just you individually, or all or some of the proposed Settlement Class; (iv) state your name, address, telephone number, mailing address, and email address; (v) state whether you intend to appear and speak at the Final Approval Hearing, either with or without your own counsel; and (vi) include your personal signature (and your counsel’s signature, if you have your own representation). You may not file an objection if you opt out of the settlement. |
| Go to a Hearing on January 6, 2027 |
If you wish to be heard, you may attend the Final Approval Hearing and ask to speak in Court about the fairness of the Settlement. You are not required to attend the hearing. If you opt out, you may not present your opinions regarding the Settlement at the Final Approval Hearing. |
The Court still has to decide whether to approve this settlement, which may take some time, as explained in the notice (More info in FAQ question 15).