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Bragar Eagel & Squire, P.C. Reminds Investors That Class Action Lawsuits Have Been Filed Against Lovesac, Golden Heaven, Inspire Medical, and Driven and Encourages Investors to Contact the Firm
Globe Newswire 12-Feb-2024 9:00 PM
NEW YORK, Feb. 12, 2024 (GLOBE NEWSWIRE) -- Bragar Eagel & Squire, P.C., a nationally recognized shareholder rights law firm, reminds investors that class actions have been commenced on behalf of stockholders of Lovesac Company (NASDAQ:LOVE), Golden Heaven Group Holdings Ltd. (NASDAQ:GDHG), Inspire Medical Systems, Inc. (NYSE:INSP), and Driven Brands Holdings, Inc. (NASDAQ:DRVN). Stockholders have until the deadlines below to petition the court to serve as lead plaintiff. Additional information about each case can be found at the link provided.
According to the filed complaint, throughout the Class Period, Defendants made materially false and misleading statements regarding the Company's business, operations, and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) Lovesac did not properly account for last mile shipping and freight expenses; (ii) accordingly, Lovesac's disclosure controls and procedures and internal control over financial reporting were ineffective and deficient; (iii) as a result of all the foregoing, Lovesac overstated its gross profit and operating and net income, as well as understated its shipping and handling costs and accrued freight and shipping expenses, in its previously issued financial statements; (iv) accordingly, Lovesac was likely to restate one or more of its previously issued financial statements; and (v) as a result, the Company's public statements were materially false and misleading at all relevant times.
According to the lawsuit, defendants throughout the Class Period made materially false and/or misleading statements and/or failed to disclose that: (1) Golden Heaven's amusement parks are in generally poor condition; (2) Golden Heaven materially overstated the number of visitors to its amusement parks and overall growth prospects, and (3) as a result, Defendants' statements about its business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all relevant times.
Class Period: May 3, 2023 - November 7, 2023 (Common Stock Only)
Lead Plaintiff Deadline: February 20, 2024
Inspire Medical is a medical technology company that develops and commercializes minimally invasive products for patients with obstructive sleep apnea ("OSA") that require prior authorizations from doctors. In 2022, Inspire Medical introduced a pilot program (the "Acceleration Program") through which the Company's Advisor Care Program team, with the customer on the phone, would directly access doctors' electronic schedules and schedule doctor appointments online, without the need for phone calls. Throughout the Class Period, Defendants touted the Acceleration Program's effectiveness, claiming that the program had achieved a "30% improvement in physician appointments," and that by August 2023, "about 60-plus centers are using the tool right now."
The Class Action alleges that, during the Class Period, Defendants misled investors and/or failed to disclose that: (1) despite the Acceleration Program, customers were encountering challenges with the prior authorization submission process, including with the scheduling of appointments; (2) a slowdown in prior authorization submissions arising from these challenges led to a shortfall of hundreds of procedures to implant the Company's OSA device; and (3) as a result, Defendants' positive statements about the Company's financial guidance, business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.
After the close of markets on November 7, 2023, the Company announced disappointing earnings results for the third quarter of 2023, including "a decline in prior authorization submissions for patients seeking Inspire therapy." Inspire Medical further admitted it had started to "track" problems with the Acceleration Program no later than the second quarter of 2023, the Company "had strong confirmation" of the problems with the Acceleration Program, and the Company "realized we needed to take some corrective action." In response to this news, shares of Inspire Medical declined approximately 20%, from a closing price of $161.74 per share on November 7, 2023, to a closing price of $129.95 per share on November 8, 2023.
Class Period: October 27, 2021 - August 1, 2023 (Common Stock Only)
Lead Plaintiff Deadline: February 20, 2024
Driven is the largest automotive services company in North America. Through its portfolio of brands, Driven provides customers with a range of automotive needs, including paint, collision, glass, oil change, maintenance, and car wash. Those brands include, among others: Take 5 Oil Change®, Take 5 Car Wash®, Meineke Car Care Centers®, MAACO®, CARSTAR ®, 1-800-Radiator & A/C ®, and Auto Glass Now®. The Company operates through four reportable business segments: Maintenance; Car Wash; Paint, Collision and Glass; and Platform Services.
Driven's acquisition of existing businesses in the automotive services industry, and its integration of those businesses, has been a core component of the Company's growth strategy. Over the last several years, Driven expanded its operations to offer car washes and extended its reach in the auto glass market. In August 2020, Driven acquired International Car Wash Group, the world's largest car wash company by location count. In late December 2021, Driven acquired Auto Glass Now, through which Driven expanded its auto glass business into the U.S. market. Through a series of subsequent acquisitions, Driven quickly became the second-largest auto glass repair business in North America.
The complaint alleges that, throughout the Class Period, Defendants made numerous materially false and misleading statements and omissions that fall into two categories: (i) statements concerning Driven's ability to efficiently and effectively integrate a high volume of acquired businesses, including statements related to the status of integrating its U.S. auto glass businesses; and (ii) statements concerning the performance and competitive position of Driven's car wash business segment. Specifically, throughout the Class Period, Defendants repeatedly touted Driven's ability to execute and integrate acquisitions as a "core strength," and assured investors that it had made "significant progress" integrating the auto glass businesses it had acquired. The Company also represented that the large scale of its car wash business served as a "competitive moat" that would preserve Driven's competitive position. While Driven acknowledged some "softness" in customer demand for its car wash business segment, the Company downplayed that issue and pointed investors to the growth of its car wash subscriptions, which Driven labeled as the "Holy Grail" in the car wash business.
However, Driven was several quarters behind on integrating its auto glass businesses, and the Company's car wash business was faltering and more exposed to a decline in demand from retail customers than Defendants represented to investors. As a result, the Company's statements concerning its business and prospects, including its fiscal year 2023 financial guidance, were materially misleading and/or lacked a reasonable basis.
On May 8, 2023, Driven revealed that, on May 4, 2023, the Company's former Chief Financial Officer, Defendant Tiffany L. Mason ("Mason"), had abruptly left the Company under unusual circumstances. Mason's exit came just one day after Driven reported its financial results for the first quarter of 2023.
Then, on August 2, 2023, Driven reported earnings for the second quarter of 2023 that missed expectations, including disappointing results for its Paint, Collision and Glass business segment as well as its Car Wash segment. With respect to its auto glass business, the Company admitted that it was at least "several quarters" behind on its integration of the businesses it had acquired. In addition, regarding Driven's Car Wash segment, the Company disclosed that increased exposure to "intensified competitive intrusion" negatively impacted demand from Driven's high-margin retail car wash customers. As a result of delays in Driven's integration of its acquired auto glass businesses and the faltering performance of its car wash businesses, the Company slashed its full-year earnings guidance for fiscal 2023, despite having reaffirmed that guidance a little over two months earlier. These disclosures caused the price of Driven common stock to decline by $10.63 per share, or 41%.
Bragar Eagel & Squire, P.C. is a nationally recognized law firm with offices in New York, California, and South Carolina. The firm represents individual and institutional investors in commercial, securities, derivative, and other complex litigation in state and federal courts across the country. For more information about the firm, please visit www.bespc.com. Attorney advertising. Prior results do not guarantee similar outcomes.
