Burlington Coat Factory Class Action Settlement

Written by Welcome on December 30, 2015

Burlington Coat Factory Song-Beverly Cases, Case No. JCCP 4681, Proposed Settlement and Claims Notice Requirements for Affected Customers.

A Brief Outline of the Burlington Coat Factory Song-Beverly Case

In November of 2015, the California Superior Court of Orange County granted a motion for settlement as requested on behalf of single claimant, who had her legal rights violated during the course purchases made at Burlington Coat Factory.

Burlington Coat Factory agreed to pay $29.4 million dollars to settle existing claims related to violations of consumer privacy rights relating to Song-Beverly Act violations and the illegal requests of consumer phone numbers as part of credit card transactions in the retail store.

However, at this time, the proposed settlement between all parties has yet to garner formal approval from the courts, which is expected to occur at the February 26th, 2016 final settlement approval hearing before the California Superior Courts.

Claimants Must Act Before January 20th to Preserve All Their Legal Rights

However: Obtaining settlement benefits, specifically cash benefits in the case of known claimants in this case, requires filing a notice of claims by January 20th, 2016. Claimants Must Respond Urgently to the Pending Final Settlement Approval. Read below to learn more, find, then file the applicable notice of claims to ensure your rights to compensation in the Burlington class action lawsuit pending final approval as soon as February 26th, 2016.

Who Are Those Customers Considered as Part of the Settlement Class?

Consumers that have been asked for their telephone number during any credit card transaction at Burlington Coat Factory since February 14, 2010 until the present are entitled to collect benefits as part of this proposed settlement for the aforementioned class period. These claims, however, must be filed in writing no later than January 20th, 2015, or a claimant will automatically receive $25 merchandise voucher and relinquish all rights to future claims potentially.

As claimants have less than 75 days from the tentative settlement agreement in order to respond, taking immediate action to obtain the forms necessary found below and mail these documents to the claims administrator cannot be understatement.  In short, prospective claimants must file a formal response to existing notice of claims publications issued by the Superior Court of California, or face limited legal options in the future regarding their individual claim settlement with Burlington Coat Factory. The notice of claims filing must be received by the claims administrator no later than January 20th, 2016 for a plaintiff to retain the entirety of his or her legal options in the proposed settlement.

Important Deadlines for Filings Claims in the Burlington Coat Factory Song-Beverly Act Proposed Class Action Settlement

Exclusion deadlines: If already receiving notice of claims from the court, or identifying yourself as a known claimant, the option to recuse oneself from participation in the proposed settlement requires filing a mailed form with a claims administrator no later than January 20th, 2016.

Opt-out deadlines: Likewise, opt-out deadlines stand at January 20th, 2016, with individuals being required to formally denote their intention to opt out of the proposed settlement by way of filing a form with the claims settlement administrator.

Objection deadlines: Finally, objection to the terms, value, or any other aspect of the proposed class settlement must be done via mail and sent to counsel representing the plaintiff and class in the Burlington Coat Factory Song-Beverly Act case no later than January 20th, 2016, with the objecting parties still retaining the option to present themselves and their objections at the final settlement hearing on February 26th, 2016.

Who Are Members of the Burlington Coat Factory Beverly-Song Act Settlement Class?

The formal class notice in the class action suit noted the following individuals who might be a known or potential claimant, while encouraging these known claimants to take part in the class action settlement proposal process. These class definition in the Burlington Song-Beverly lawsuit included those consumers having made purchases with credit cards, which per company policy likely included an illegal request for a phone number by a sales representative, from the dates of February 14th, 2010 until as late as January 28th, 2015.

If you have retained or can provide proof of purchase from a Burlington Coat Factory transaction from 2/14/2010 until 1/28/2015, you are entitled to file a claim to participate in a pending settlement agreement, or to opt-out of this tentative class action settlement as well.

However, not all purchases are eligible, including those purchases involving a special order requiring the telephone number of the customer alongside the credit card order, as well as if the credit card used by an individual was linked to a business entity. Finally, no transactions involving returns or exchanges alone are not considered viable class members in the proposed class action settlement with Burlington Coat Factory.

Summary of the Terms of the Proposed Burlington Coat Factory Class Action Settlement

Those individuals possessing viable claims and proof of purchase from the dates in question at any Burlington Coat Factory store are entitled to the following two options for compensation for claims under the proposed class action settlement, which include:

A one-time, $10-dollar payment by Burlington Coat Factory to an individual consumer in the form of a cash award

Or a one-time payments of $25 dollars by Burlington Coat Factory to individual claimants in the form of a merchandise voucher for use in any Burling Coat Factory location in the United States

Class representative plaintiff payments per the proposed settlement terms include awards of $25,000 dollars to class representatives

Those individuals having received a formal notice of claims from the California Superior Courts via email or letter must respond with a mailed notice of claims, or face automatic receipt of the one-time company voucher of $25 dollars in instances of no response from a known claimant

Those claimants having proof of purchase, but not receiving notification from the courts as a known class member must file a claims notice with the claims administrator prior to January 20th to determine the validity and applicability of their claims case to the class

Per the class notice issued by the courts as part of this proposed class action settlement in case JCCP 4681, class members eligible to receive compensation include those individuals who:

“… used a credit card issued for consumer credit purposes to purchase goods from a Burlington retail store in the State of California during the period of time from February 14, 2010 through January 28, 2015 (“Class Period”); and A Burlington employee requested and recorded your telephone number in conjunction with the credit card transaction, unless (the transaction is an excluded transaction) ….”

Summary of Proposed Award to Legal Counsel for Fees and Expenses

Per the preliminary approval for settlement order granted by the Courts, legal counsel for the plaintiff class has requested fees in the amount of $8.8 million dollars, or one-third of the total value of the $29.4-million-dollar settlement fund provided by the proposed settlement. Alongside an additional 200,000 dollars being sought for litigation expenses. These awards are also subject to the court’s approval, and in all instances, the costs of establishing and maintaining the settlement fund will be paid by Burlington Coat Factory.

How Do Claimants Join the Burling Coat Factory Song-Beverly Case Class Action Settlement?

Filing claims against Burlington Coat Factory, and the recovery of a claimant’s settlement funds, requires that any potential claimants who had their personal information and privacy rights violated by Burlington Coat Factory must file a specific claim form, if seeking the expecting to accept the $10 cash payment settlements offered by Burlington Coat Factory. 

At this point, the courts issued an immediate notice of settlement and request for response to all known claimants, which advised individuals of the terms of the proposed Burlington Coat Factory settlement, but in addition, outlined the legal rights and options for consumer claimants in this case, was issued in November by the courts.

Based on the proposed terms of this settlement, which will undergo a final class action settlement approval hearing before the courts on February 26, 2016, any potential or known claimant in this case must respond to the proposed settlement terms by January 20th, 2016 by way of mailing a printed class action claim form to the Burlington Class Action Settlement Claims Administrator.

For Burlington Coat Factory Song-Beverly class action claimants, claims notices must be mailed to the following address:

Burlington Class Action Settlement Claims Administrator P.O. Box 43391 Providence, RI 02940-3391

In addition, potential claimants are free to express their concerns or disagreement with the terms of the proposed class action settlement with legal counsel by noting and filing their objections or desire to be excluded from the class settlement by way of mail, which must be post marked no later than January 20th, 2015 as well. As noted above, failure to respond to the class claim form will result in a default assignment of the merchandise settlement benefit to the individual claimant.

In certain instances, individuals may have already received information about their rights to recovering money as part of the class action settlement against Burlington Coat Factory. Specifically, those individuals already in possession of a claim reference number or having previously received emailed or written notice of claims, or those individuals electing to accept the $25 merchant voucher as part of the broader $29 million dollar Burlington Coat Factory settlement, are not required to file a notice of claims by mail.

When Did the Class Action lawsuit against Burlington Coat Factory Begin?

The Burlington Coat Factory and Song-Beverly Act Violations Class Action Settlement, known as case number JCCP 4681 in the California Superior Court of Orange County, began with a suit filed by a consumer heard at bench trial in January 2016 concerning the company’s alleged violations of the Song-Beverly consumer and credit card protection laws found under California Civil Code 1747.08. The specific cause of action in this original lawsuit filing, as well as all other later class member claims, demanded compensation for Burlington Coat Factory’s illegal practice of requesting, then recording personal telephone numbers in conjunction with transactions made by consumers using credit cards. The decision of the court in favor of the plaintiff against Burlington Coat Factory, thus potentially opening up Burlington Coat Factory to significant liability, resulted in a settlement agreement being reached tentatively between both parties following the fault-finding phase of the bench trial.

Meeting the January 20th Filing Deadline Is Critical

This claim form must be filled out and mailed by any individual claimant wishing to assert his or her legal rights in light of the terms of the settlement reached in Burlington Coat Factory Song-Beverly Act Violations Cases in the Superior Court of California in October of 2015. The mandatory date to post a claim form in the Burlington Coat Factory class action settlement is later than January 20th, 2016. Potential claimants must ensure their legal rights to compensation and participation in the Burling Coat Factory settlement exclusively by filing the claims form provided, while also ensuring strict adherence to the January 20th, 2016 claims filing deadline.

Likewise, those claimants seeking to opt out of any proposed settlement in the class action case must do so by filing and mailing forms, which indicate their intention to do so. Failure to respond to the notice of claims by claimants by January 20th will result in a default dispersal of the merchandise settlement option to these claimants.

For more information, visit the Burlington Coat Factory Class Action Settlements webpage at classactionsettlementguide.com

References:

http://www.dca.ca.gov/acp/songbev.shtml

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1792-1795.8 

https://eclaim.kccllc.net/caclaimforms/bbv/Landing.aspx

https://eclaim.kccllc.net/caclaimforms/bbv/home.aspx

https://eclaim.kccllc.net/caclaimforms/bbv/Documents/BBV_NOT.pdf

https://eclaim.kccllc.net/caclaimforms/bbv/Documents/Settlement%20Agreement.pdf

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