NOTICE OF PROPOSED CLASS ACTION SETTLEMENT If you were, or are, a member of Coast to Coast Resorts, you could be part of a Class Action Settlement. A class-action Settlement has been preliminarily approved by the Los Angeles County Superior Court in Rick Drew and Robyn Drew v. Affinity Group, Inc. and Affinity Group Holding, Inc., Case No. BC 464796 ( the Drew action ). The Settlement resolves a Class Action Lawsuit that alleges Defendants sale of Trip Points with expiration dates was unlawful. The lawsuit also claims that the Defendants made certain misleading or false statements about the resorts in the Coast to Coast network. The Defendants deny any wrongdoing, maintain their business practices are legal and fair, and that their advertising is truthful, but have agreed to settle the case. The Court has not made any judgment or determination of liability. The Settlement provides a Discount Voucher to class members, changes to Defendants Trip Points, and changes to Defendants advertising and marketing materials. STAY IN THE SETTLEMENT CLASS EXCLUDE YOURSELF OBJECT Your Legal Rights and Options In This Settlement You can stay in the Settlement Classes and obtain your Discount Voucher, if applicable, at www.cccsettlement.com. You will be legally bound by the terms of the Settlement. You can exclude yourself from the Settlement and keep your right to individually sue the Defendants. If you stay in the Settlement Classes, you can object to terms of the Settlement. The Court will hold a hearing on August 30, 2013 to consider whether to approve the Settlement. If you are a member of the Settlement Classes who did not seek to be excluded, you can appear at this hearing yourself or through an attorney (at your own expense), but you are not required to do so. These rights and options and the deadlines to exercise them are explained in this Notice. Your legal rights are affected whether you act, or don t act. Read this notice carefully. Contents BASIC INFORMATION 1. Why did I get this notice package? 2. What is this lawsuit about? 3. Why is this a class action? 4. Why is there a Settlement? WHO IS IN THE SETTLEMENT? 5. How do I know if I am part of the Settlement? 6. Are there exceptions to being included? 7. I m still not sure if I am included. THE SETTLEMENT BENEFITS WHAT YOU GET 8. What does the Settlement provide? 9. How much will my Discount Voucher be? 10. What am I giving up by staying in the Settlement Classes? HOW YOU GET YOUR DISCOUNT VOUCHER 11. How can I get my Discount Voucher? 12. When would I get my Discount Voucher? EXCLUDING YOURSELF FROM THE SETTLEMENT 13. How do I get out of the Settlement? 14. If I don t exclude myself, can I sue Defendants for the same thing later? 15. If I exclude myself, do I get a Discount Voucher? OBJECTING TO THE SETTLEMENT 16. How do I tell the Court that I don t like the Settlement? 17. What s the difference between objecting and excluding?
THE LAWYERS REPRESENTING YOU 18. Do I have a lawyer in the case? 19. How will the lawyers be paid? THE COURT S HEARING ON FINAL APPROVAL 20. When and where will the Court decide whether to approve the Settlement? 21. Do I have to come to the hearing? IF YOU DO NOTHING 22. What happens if I do nothing? GETTING MORE INFORMATION 23. Are there more details about the settlement? BASIC INFORMATION 1. Why did I get this notice package? The Honorable Jane L. Johnson, judge of the Los Angeles Superior Court for the State of California, authorized this Notice because you have a right to know about the proposed Settlement in this Class Action lawsuit, and about all of your options, before the Court decides whether to give final approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights. The case is known as Rick Drew and Robyn Drew v. Affinity Group, Inc. and Affinity Group Holding, Inc., Case No. BC 464796. We will call this case the Drew action or the Lawsuit. 2. What is this Lawsuit about? Plaintiffs Rick Drew and Robyn Drew, as Class Representatives, filed this Lawsuit against the Defendants. The Lawsuit claims that Defendants sale of Trip Points with expiration dates was unlawful. The Lawsuit also claims that Defendants made certain misleading or false statements about the pricing, quality, and/or exclusivity of resorts in the Coast to Coast network. The Defendants maintain their business practices are legal and fair, that their advertising is truthful, and further deny all liability. The Court has not made any judgment or other determination of liability as to either of these issues. 3. Why is this a class action? In a Class Action one or more people called Class Representatives (in this case, Rick Drew and Robyn Drew) sue on behalf of people who have similar claims. All of these people or entities are a Class or Class Members. One court resolves the issues for all Class members, except for those who exclude themselves from the Class. 4. Why is there a settlement? Both sides agreed to the Settlement to avoid the cost and risk of further litigation. The Settlement does not mean that Defendants violated any laws, nor does it mean that Plaintiffs will or will not prevail. However, after assessing all factors related to the case, both Defendants and the Class Representatives believe that a class-wide settlement is in the best interests of all Parties, including the absent class members. The Court has granted preliminary approval of the Settlement. WHO IS IN THE SETTLEMENT? To see if you are affected or if you can receive benefits, you first have to determine whether you are a Class Member. There are two settlement classes in this Lawsuit, an Advertising Settlement Class and a Trip Points Settlement Class. 5. How do I know if I am part of the Settlement? You are a member of an Advertising Settlement Class if you were a member of Coast to Coast at any time between January 1, 2004 and March 1, 2013. You are a member of a Trip Points Settlement Class if you were a member of Coast to Coast and at any time between January 1, 2004 and March 1, 2013, you purchased, acquired, or received Trip Points containing an expiration date (excluding promotional or comped Trip Points), but have not yet used all of those Trip Points for use of campground facilities and amenities.
6. Are there exceptions to being included in the Settlement? Yes. The Classes do not include persons who exclude themselves from the Settlement in a timely and correct manner. 7. I m still not sure if I am included in the Settlement? If you are not sure whether you are included in the Classes, call (877) 283-0509 or visit www.cccsettlement.com. THE SETTLEMENT BENEFITS WHAT YOU GET 8. What does the settlement provide? Under the proposed settlement, Trip Points Settlement Class Members who purchased Trip Points subsequent to January 1, 2004 that expired will be eligible to receive a Discount Voucher redeemable in person at Camping World retail outlets for twenty-five percent (25%) off a product purchase, subject to dollar limits. The Discount Voucher will be transferable and will expire six (6) months following the date that the Discount Voucher is first available for use (see number 12, When would I get my Discount Voucher, for when the Discount Voucher will be available for use). Camping World is an affiliate of Coast to Coast Resorts and is a nationwide retailer of RV supplies, accessories and services, with a wide array of items including barbeques, bikes, GPS systems, outdoor chairs and tables, and many other types of products, with over 90 nationwide locations. More information on Camping World can be found on their website, at www.campingworld.com. The Discount Voucher will be subject to certain terms and conditions, including: (i) it can only be used in Camping World retail outlets and not online or for catalog orders; (ii) it cannot be aggregated or combined with any other coupon, discount, sales price, or special offer; (iii) it cannot be used for adjustments on prior purchases; (iv) it cannot be redeemed for cash or gift cards; (v) only original Discount Vouchers will be accepted and the original may only be redeemed one time; (vi) returns of merchandise purchased using a Discount Voucher must be accompanied by the original sales receipt and refunds will be credited for the purchase price less the discount and the discount will be forfeited; and (vii) the Maximum Product Purchase Amount does not prevent a customer from buying products in excess of the Maximum Product Purchase Amount, but the applicable discount will only apply to the Maximum Product Purchase Amount. All applicable sales taxes shall be payable by the customer on all purchases. Additionally, the Defendants have agreed to remove expiration dates on all currently unexpired Trip Points, and to no longer sell Trip Points with expiration dates. Defendants have also agreed to certain changes to their advertising and marketing materials. Descriptions of Coast to Coast Resorts as being members-only, or words to that effect, will not be contained in any advertising or marketing materials with respect to those resorts that allow access by the general public. Advertisements of Coast Resorts will be changed to reflect that additional resort charges may apply, to the extent applicable. Defendants began implementing these changes effective January 1, 2013. 9. How much will my Discount Voucher be for? If you are a Trip Points Settlement Class Member who purchased Trip Points subsequent to January 1, 2004 that expired, your Discount Voucher will be for twenty-five percent (25%) off a product purchase at Camping World, subject to dollar limits. The dollar limits will be determined by the number of Trip Points you purchased subsequent to January 1, 2004 that expired, as reflected in the chart below. The number of expired Trip Points in your account will be determined by Defendants records; if you want to dispute the number of expired Trip Points as reflected by Defendants records, you may initiate a dispute on the Settlement Website before accessing your Discount Voucher. Please visit www.cccsettlement.com to see how much your Discount Voucher is worth. Expired Trip Points in Your Account Your Discount Voucher Between 1 and 2,500 Expired Trip Points 25% off of a product purchase up to $50 Between 2,501 and 10,000 Expired Trip Points 25% off of a product purchase up to $150 Between 10,001 and 25,000 Expired Trip Points 25% off of a product purchase up to $375 Between 25,001 and 50,000 Expired Trip Points 25% off of a product purchase up to $750 Between 50,001 and 75,000 Expired Trip Points 25% off of a product purchase up to $1000 Over 75,000 Expired Trip Points 25% off of a product purchase up to $1500
10. What am I giving up by staying in the Settlement Classes? If you are a member of the Settlement Classes, you will be legally bound by the terms of the Settlement. You will release Defendants and related persons and entities from any and all claims and causes of action arising from or relating to any aspect of Trip Points or any aspect of marketing or advertising by Coast to Coast or Defendants about the Coast to Coast membership program or the Coast to Coast Resorts. The Settlement Agreement is available at www.cccsettlement.com. The Settlement Agreement describes the released claims with specific descriptions, in accurate legal terminology, so read it carefully. You can talk to one of the lawyers listed below for free, or you can talk to your own lawyer if you have questions about the released claims or what they mean. You will be releasing: Any and all claims, rights, demands, actions, suits, obligations, liabilities, damages, causes of action, and complaints, (a) alleged in the Complaint, the First Amended Complaint, or any other pleadings filed in the Lawsuit, or (b) relating, referring, or pertaining to any aspect of Trip Points or any aspect of marketing, advertising, or providing information by Coast to Coast or Defendants about any aspect of the Coast to Coast membership program or the Coast to Coast Resorts, against Defendants, Coast to Coast, or any of the Affinity Released Parties, including, without limitation, any and all such alleged violations of (1) California Code of Civil Procedure section 1749.45 et seq.; (2) California Business and Professions Code section 17200 et seq.; (3) California Business and Professions Code section 17500 et seq.; (4) intentional misrepresentation and concealment; (5) concealment and omission; (6) negligent misrepresentation; (7) any applicable state or federal governmental laws, rules, regulations or orders relating to (i) expiration of gift cards (or similar cards or payment methods), or (ii) false or misleading advertising, or (iii) the refund or rescission of sales of contracts for services, or (8) unjust enrichment. Notwithstanding the foregoing, you will not be releasing claims for personal injury or damage to tangible personal property, and, except as provided in the next sentence, you will not be releasing claims for miscalculation of Trip Points in the account of a member of Coast to Coast. Claims for miscalculation of Trip Points in the account of a member of Coast to Coast that relate to Expired Trip Points shall be resolved with the Settlement Administrator, and you are releasing those claims. You are releasing claims for fees associated with Trip Points or redeeming Trip Points for cash. HOW YOU GET YOUR DISCOUNT VOUCHER 11. How can I get my Discount Voucher? To get your Discount Voucher, you must download it at www.cccsettlement.com. If you do not dispute the amount of expired Trip Points in your account, as reflected in Defendants records, and you download your Discount Voucher, you will be part of the Settlement Classes. You will be able to redeem your Discount Voucher on or around November 3, 2013. Once you download your Discount Voucher, you can check the settlement website at www.cccsettlement.com to find out when you can use your Discount Voucher. Please begin checking the Settlement website on or around November 1, 2013 to see if you can use your Discount Voucher. Please be patient. 12. When would I get my Discount Voucher? You can get your Discount Voucher at any time after you receive this Notice. Simply go to www.cccsettlement.com, click on Get My Discount Voucher and provide the required information. You will not be able to use your Discount Voucher immediately. You must wait until the Court grants final approval of the Settlement and after the time for appeals has ended and any appeals have been resolved. You can check the settlement website at www.cccsettlement.com to find out when you can use your Discount Voucher. Please begin checking the Settlement website on or around November 1, 2013 to see if you can use your Discount Voucher. Please be patient. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don t want the benefits of the Settlement, but you want to keep the right to sue Defendants on your own over Trip Points or their advertising or marketing materials, then you must take steps to exclude yourself from this Settlement. You may not exclude yourself from the Advertising Settlement Class but not the Trip Points Settlement Class, and vice versa. You may exclude yourself from both Settlement Classes, or not at all.
13. How do I get out of the Settlement? If you do not want to be included in the Settlement Classes, you must exclude yourself by sending to the Settlement Administrator a Request for Exclusion by U.S. mail no later than June 24, 2013. Your Request for Exclusion must contain: (1) the name of this action; (2) the full name, address, and telephone number of the person requesting to be excluded; (3) the words Request for Exclusion at the top of the document; (4) a statement that I/we hereby request to be excluded from the Settlement Classes in Rick Drew and Robyn Drew v. Affinity Group, Inc. and Affinity Group Holding, Inc. (Case No. BC 464796). I understand that by requesting to be excluded from the Settlement Class, I will not receive any benefits under the settlement. ; and (5) your signature. Your Request for Exclusion must be mailed to Drew v. Affinity Settlement Administrator, c/o Gilardi & Co. LLC, P.O. Box 8090, San Rafael, CA 94912-8090, postmarked no later than June 24, 2013. Requests for Exclusion that do not include all required information and/or that are not submitted on a timely basis, will be deemed null, void, and ineffective. Settlement Class Members who fail to submit a valid and timely Request for Exclusion shall be bound by all terms of the Settlement and any Final Judgment entered in this Action if the Settlement is approved by the Court. If you ask to be excluded, you will not get a Discount Voucher, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue Defendants in the future. 14. If I don t exclude myself, can I sue the Defendants for the same thing later? No. Unless you exclude yourself, you give up the right to sue anyone for any claims concerning Trip Points or Defendants advertising or marketing relating to the claims in this Lawsuit. You must exclude yourself from these Classes to start or continue your own lawsuit. 15. If I exclude myself, do I get a Discount Voucher? No. If you exclude yourself from the Settlement, you will not get a Discount Voucher. But you may sue, continue to sue, or be part of a different lawsuit against Defendants in the future. You will not be bound by anything that happens in this Lawsuit. OBJECTING TO THE SETTLEMENT You can tell the Court if you don t agree with the Settlement or some part of it. If you object, you will still receive a Discount Voucher and will still be part of the Settlement Classes, and will give a release to Defendants. 16. How do I tell the Court that I don t like the Settlement? You can object to the Settlement if you don t like some part of it. You must give reasons why you think the Court should not approve it. If you are in the Settlement Classes, and you object to certain of its terms, you may file with the Court written objections to the Settlement by June 24, 2013. Your written objection must contain: (1) the name of this action; (2) a notice of whether you intend to show up at the hearing; (3) a statement of membership in the Settlement Classes; (4) the full name, address, and telephone number of the person objecting; (5) the word objection at the top of the document; and (6) all of your legal and factual arguments supporting your objection. Your written objection must be mailed to Drew v. Affinity Settlement Administrator, c/o Gilardi & Co. LLC, P.O. Box 8090, San Rafael, CA 94912-8090, postmarked no later than June 24, 2013. Written objections that do not include all required information and/or that are not submitted on a timely basis, will be treated as ineffective. Settlement Class Members who do not object in the way described will be deemed to have waived any objections.
If you submit an objection, you may appear at the Fairness Hearing to discuss the objection. See questions 20 and 21 for more information about the Fairness Hearing. 17. What s the difference between objecting and excluding myself? Objecting is simply telling the Court that you don t like something about the Settlement. You can object only if you stay in the Classes. Excluding yourself is telling the Court that you don t want to be part of the Classes. If you exclude yourself, there would be no basis for you to also object because the case no longer affects you. THE LAWYERS REPRESENTING YOU 18. Do I have a lawyer in this case? The Court has appointed Shenkman & Hughes and the R. Rex Parris Law Firm to represent the Settlement Classes. You will not be charged for these lawyers. You may contact the attorneys at Shenkman and Hughes at 28905 Wight Rd., Malibu, CA 90265. You may contact the attorneys at the R. Rex Parris Law Firm at 43364 10th Street West, Lancaster, CA 93534. If you want to be represented by your own lawyer, you may hire one at your own expense. Defendants are represented by Bingham McCutchen, LLP. 19. How will the lawyers who represent the Settlement Classes be paid? As part of the Settlement, Defendants have agreed to pay, subject to Court approval, attorneys fees and costs of up to $370,000 to the attorneys who represent the Settlement Classes. You will not have to pay these attorneys fees or costs. The attorneys fees would pay the attorneys who represent the Settlement Classes for investigating the facts, litigating the case, and negotiating the Settlement. The Court may award less than these amounts. Defendants have also agreed to pay, subject to Court approval, incentive payments up to $5,000 to each of the two Class Representatives, Rick Drew and Robyn Drew (up to $10,000 total). THE COURT S HEARING ON FINAL APPROVAL The Court will hold a hearing to decide whether to approve the Settlement. If you have filed an objection on time you may attend and you may ask to speak yourself or you may hire an attorney (at your own expense) to do so for you, but you don t have to. 20. When and where will the court decide whether to approve the Settlement? The Court will hold a Fairness Hearing at 10:00 a.m. on August 30, 2013, in Department 308 of the Los Angeles Superior Court, 600 S. Commonwealth Avenue, Los Angeles, California, 90005. The hearing may be moved to a different date or time without additional Notice, so it is a good idea to check www.cccsettlement.com. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The judge will only listen to people who have asked to speak at the hearing. The Court will also decide how much to pay the lawyers representing Class Members. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. 21. Do I have to come to the hearing? No. Class Counsel will answer any questions the judge may have. But, you are welcome to come at your own expense. If you send an objection, you may appear at the Hearing to discuss the objection, but you are not obligated to appear personally. IF YOU DO NOTHING 22. What happens if I do nothing? If you do nothing, you will not receive a Discount Voucher. But, unless you exclude yourself, you won t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues in this case. GETTING MORE INFORMATION 23. Are there more details about the Settlement? This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and review additional case information at www.cccsettlement.com. You may also call toll-free (877) 283-0509 to get more information.