LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

Transcription

1 LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT The Records of Trina Turk reflect that you may be part of the proposed FACTA and/or Song Beverly Settlement Classes described as follows: All individuals who purchased merchandise using a credit card or debit card at any Trina Turk retail store in the United States between the dates February 3, 2009 and February 5, 2014 and to whom Trina Turk may have been issued an electronically printed receipt that reflected the card s expiration date (the FACTA Class ); and All individuals who purchased merchandise with a credit card at any Trina Turk retail store in California between the dates February 3, 2013 and March 5, 2014 from whom Trina Turk may have collected personal identification information, including your physical address, address, zip code, and/or telephone number in connection with such purchases (the Song Beverly Class ). The FACTA and Song Beverly Classes shall collectively be referred to as the Class. YOU MAY BE ENTITLED TO RECEIVE FIVE MERCHANDISE CERTIFICATES EACH WORTH UP TO $50 YOU SHOULD READ THIS NOTICE CAREFULLY BECAUSE IT WILL AFFECT YOUR RIGHTS. A settlement has been proposed in a class action lawsuit pending in the Los Angeles County Superior Court for the State of California entitled Derbarsekian v. L2T, Inc. doing business as Trina Turk et al., Los Angeles Superior Court Case No. BC (the Consumer Action ). This notice explains the nature of the lawsuit, the general terms of the proposed settlement, and your legal rights and obligations. DEADLINES CONTAINED IN THIS NOTICE YOU MAY: DUE DATE: Exclude Yourself From The Settlement Postmarked by: September 28, 2015 Object To The Settlement Postmarked by: September 28, 2015 Request To Appear At The Fairness Hearing Postmarked by: September 28, 2015 If you received a notice of the proposed settlement by or U.S. mail, do nothing and either One (1) or Two (2) No Deadline Merchandise Certificates will automatically be sent to you if the Settlement is approved by the Court. If you received a notice of the proposed settlement by or U.S. mail, make a Claim for three (3) or four (4) Postmarked by: September 28, 2015 Additional Merchandise Certificates If you did not receive a notice of the proposed settlement by or U.S. mail, make a Claim for up to five (5) Postmarked by: September 28, 2015 Merchandise Certificates WHAT THE CONSUMER ACTION IS ABOUT Plaintiff in the Consumer Action filed a class action lawsuit against L2T, Inc., which does business as retailer Trina Turk ( Defendant ) on behalf of the Class of people described above. The lawsuit alleges that retail locations operated by Defendant in the United States illegally printed upon the receipts of credit card and debit card users the expiration dates of the cards, in violation of the Fair & Accurate Credit Transactions Act, 15 U.S.C. 1681c(g)(1). Additionally, the lawsuit alleges that retail locations operated BN v2 1

2 by Defendant in California requested and recorded personal identification information (physical addresses, addresses, telephone numbers, zip codes, and other information) in connection with customer s credit card purchases of merchandise, and that this practice violated California s Song Beverly Credit Card Act, Cal. Civ. Code Plaintiff also asserts claims for negligence and declaratory relief. Defendant denies any wrongdoing and any liability whatsoever. The Parties have concluded that it is in their best interests to settle the Consumer Action on the terms generally set forth herein in order to avoid expense, inconvenience, and interference with ongoing business operations. A Judge of the Los Angeles Superior Court has determined that the Consumer Action should proceed as a class action, for purposes of settlement only, with Plaintiff as the representative of the Class, and has granted preliminary approval of the settlement. To be effective, the proposed settlement must be finally approved by the Court (see below). THE PROPOSED SETTLEMENT For Class Members who are in both the FACTA and the Song Beverly Classes, and for whom Defendant has valid s or U.S. Mail addresses, as part of the Settlement, Defendant has agreed to automatically provide to Class Members with two (2) Merchandise Certificates each worth $30 for merchandise purchases up to $150, or $50 for merchandise purchases over $150, for use at any retail location of Trina Turk in the United States. For Class Members, who are in either the FACTA or Song Beverly Classes (but not both) and for whom Defendant has a valid or U.S. Mail address, as part of the Settlement, Defendant has agreed to automatically provide to Class Member one (1) Merchandise Certificate. The Merchandise Certificates shall expire one hundred eighty (180) days after issuance. The Merchandise Certificates are not redeemable for cash (including cashback on purchases less than $30), shall not be valid for past purchases, shall not be replaced if lost, stolen, or expired, and each are valid for a single use (purchase) only. In addition, Class Members may make a claim to receive additional Merchandise Certificates if they experienced additional violations. Class Members may not receive more than five (5) total Merchandise Certificates. To make a claim for additional Merchandise Certificates, please go to the settlement website at and/or contact the Claims Administrator at to obtain a claim form. The Claim form must be mailed to the Claims Administrator at the below address and postmarked no later than September 28, Trina Turk Settlement If you believe you are a Class Member but did not receive a Notice of the Settlement by either or mail, Defendant may not have current contact information for you. You may submit a claim for up to 5 Merchandise Certificates by going to the settlement website and/or contacting the Claims Administrator at to obtain a claim form. The claim form must be mailed to the Claims Administrator at the above address and postmarked no later than September 28, After the filing of the Consumer Action, Defendant modified its point-of-sale computer system to prevent the system from printing credit and debit card expiration dates on receipts. Additionally, to enhance its compliance with the Song Beverly Credit Card Act, Defendant has instructed its California managers that

3 Defendant s sales staff in California cannot collect and record customer personal identification information during credit card sales in California. Subject to Court approval, Class Representative and named plaintiff Garo Derbarsekian ( Class Representative ) will be paid an enhancement of up to $5,000 for his services as Class Representative and his efforts in bringing the Consumer Action, and the attorneys for the Class ( Class Counsel ) will be paid up to $150,000 for their attorneys fees and reimbursement of costs. The final decision regarding the amount of attorneys fees, costs, and enhancements that will be paid to Class Counsel and the Class Representative are subject to the discretion of the Court and the Court s approval. JUDGMENT AND RELEASE OF ALL CLAIMS If the Court approves the proposed settlement, it will enter Judgment pursuant to California Rule of Court 3.769(h). All Class Members who do not validly and timely request to be excluded from the proposed settlement, and each of their respective successors, assigns, legatees, heirs, and personal representatives shall release and forever discharge Defendant and each of Defendant s parent, sister and subsidiary corporations, affiliated entities, predecessors, successors and assigns, partners, licensors, privies, and any of their present and former directors, officers, employees, shareholders, agents, representatives, attorneys, accountants, insurers, and all persons acting by, through, under or in concert with them, or any of them, from any and all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, losses, costs, expenses, and attorneys fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of or relating to any of the acts, omissions or other conduct alleged in the Action including, but not limited to, any and all alleged violations of the Fair and Accurate Credit Transactions Act, 15 U.S.C. 1681c(g)(1), and the alleged related common law tort claims, any and all alleged violations of the Song Beverly Credit Card Act, California Civil Code section (including all subsections) and specifically with respect to the requesting and/or recording of personal identification information in connection with the purchase of merchandise by credit card. FINAL FAIRNESS HEARING On October 28, 2015 at 1:45 p.m., a hearing will be held on the fairness of the proposed settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement. The hearing will take place before Judge Jane Luecke Johnson, in Department 308 of the Los Angeles Superior Court located at 600 S. Commonwealth Ave., Los Angeles, CA HOW TO RECEIVE YOUR MERCHANDISE CERTIFICATES If you received this Notice of the Proposed Class Action Settlement, you do not have to do anything to receive the Merchandise Certificates to which you are automatically entitled. They will be ed or mailed directly to you at the address on record with Defendant if the Court finally approves approval of the settlement. As discussed above, if you would like to make a claim for additional Merchandise Certificates, please go to the settlement website at and/or contact the Settlement Administrator at to complete a claim form. This claim form must be mailed to the Claims Administrator at the address provided and postmarked by September 28, If you did not receive notice of the settlement by either mail or U.S. Mail but believe you are a class member, you may make a claim for up to five (5) Merchandise Certificates by going to the Settlement website and/or contacting the Settlement Administrator for the purpose of completing and submitting a claim. The Claim Form must be mailed to the Claims Administrator at the address provided and postmarked no later than September 28, 2015.

4 HOW TO EXCLUDE YOURSELF FROM THE SETTLEMENT You have the right to exclude yourself from the Class and the settlement. To exclude yourself from the Class, you must send a letter by U.S. Mail saying that you wish to do so. The Request for Exclusion must state: I request that I be excluded from the Settlement in Derbarsekian v. L2T, Inc., et al., Los Angeles Superior Court Case No. BC I understand that by requesting to be excluded from the Class, I will not receive any benefits under the Settlement. You must also include: (1) the name of this Action ( Derbarsekian v. L2T, Inc., et al.. ); (2) your full name, current address, and telephone number; (3) your signature; and (4) the words Request for Exclusion at the top of the document. You must postmark your exclusion request to the address below no later than September 28, 2015: Trina Turk Settlement REQUESTS FOR EXCLUSION THAT ARE NOT POSTMARKED ON OR BEFORE SEPTEMBER 28, 2015WILL NOT BE HONORED. You cannot exclude yourself by telephone or by . You cannot exclude yourself by mailing a request to any other location or after the September 28, 2015 deadline. The letter must be signed by you. You cannot exclude yourself by having an actual or purported agent or attorney acting on behalf of you or a group of Class Members sign the letter. If you timely and validly submit a Request for Exclusion from the Class, you will be excluded from the Class, you will not be bound by the judgment entered in the Consumer Action, and you will not be precluded from otherwise prosecuting any individual claim, if timely, against Defendant based on the conduct complained of in the Consumer Action. However, should you not submit a timely and valid Request for Exclusion, you will be bound by the settlement and will be barred from pursuing an individual claim. If you submit a Request for Exclusion, you may not object to the Settlement (see below) and any objection that you file will be invalid. HOW TO OBJECT TO THE SETTLEMENT If you are a Class Member and are not going to submit a Request for Exclusion, you can object to the proposed settlement if you do not think the proposed settlement is fair, reasonable, or adequate. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter stating that you object to the proposed settlement. You must include (1) the name of the this Action ( Derbarsekian v. L2T, Inc., et al.. ); (2) your full name, current address, and telephone number; (3) your signature; (4) the word Objection at the top of the document; and (5) the legal and factual arguments supporting the objection. Mail your Objection to the following place, postmarked no later than September 28, 2015:

5 Trina Turk Settlement If your objection is rejected, you will be bound by the final judgment just as if you had not objected. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your own personal attorneys fees and costs. ATTENDING THE FINAL FAIRNESS HEARING You do not have to attend the hearing. Class Counsel will answer questions the Court may have. You are welcome, however, to come at your own expense. If you submit a written objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary. You may ask the Court for permission to speak at the Fairness Hearing. To indicate that you would like to speak at the Fairness Hearing, it is requested that you send a letter stating you intend to appear at the Fairness Hearing. You should include (1) the name of the Consumer Action ( Derbarsekian v. L2T, Inc., et al. ); (2) your full name, current address, and telephone number; (3) your signature; (4) the words Notice of Intention to Appear at the top of the document; (5) the points you wish to speak about at the Fairness Hearing; and (6) the identity (name, address, and telephone number) of any lawyer who will speak on your behalf at the Fairness Hearing. Please send your Notice of Intention to Appear to the Claims Administrator at the address contained above postmarked it by September 28, You cannot speak at the hearing if you have excluded yourself from the settlement. ADDITIONAL INFORMATION This description of the Consumer Action and this proposed Settlement is general and does not cover all of the issues and proceedings thus far. For additional information, visit the settlement website at or contact the Settlement Administrator at In order to see the complete file of the case, you may visit the office of Los Angeles Superior Court at 600 S. Commonwealth Ave., Los Angeles, CA The Clerk will make the file relating to this lawsuit available to you for inspection and copying at your own expense. You may also contact Plaintiff and the Settlement Class Counsel, Jason Wucetich, WUCETICH & KOROVILAS LLP, 222 N. Sepulveda Blvd., Ste. 2000, El Segundo, CA 90245, DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR TO THE JUDGE. By Order of the Los Angeles County Superior Court Dated: July 15, 2015 JUDGE JANE L. JOHNSON