Frequently Asked Questions
- Why did I get a notice?
- What is this lawsuit about?
- Why is this a class action?
- Why is there a Settlement?
- How do I know if I am part of the Settlement?
- I’m still not sure if I am included.
- What relief does the Settlement provide to the Class Members?
- How do I get a Merchandise Credit?
- When will I get my Merchandise Credit?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- Will the Representative Plaintiff receive any compensation for her efforts in bringing this Action?
- What am I giving up to obtain relief under the Settlement?
- How do I exclude myself from the Settlement?
- How do I tell the Court that I disagree with the Settlement?
- What is the difference between excluding myself and objecting to the Settlement?
- What is the Fairness Hearing?
- When and where is the Fairness Hearing?
- May I speak at the hearing?
- How do I get more information?
- What if my address or other information has changed or changes after I submit a Claim Form?
- Why did I get a notice?
You received a notice because a Settlement has been reached in this Action. According to Talbots’ records you might be a member of the Settlement Class and may be eligible for the relief detailed below.
This website explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations.
Top - What is this lawsuit about?
Plaintiff Lynette Fliegelman (the “Representative Plaintiff”) filed a lawsuit against Talbots on behalf of herself and all others similarly situated. The lawsuit alleges that Talbots engaged in deceptive advertising by advertising false reference prices on merchandise in Talbots outlet stores in California.
Talbots denies each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. Talbots further denies that any Class Member is entitled to any relief and, other than for settlement purposes, that this Action is appropriate for certification as a class action.
The issuance of the Notice is not an expression of the Court’s opinion on the merits or the lack of merits of the Representative Plaintiff’s claims in the Action.
Top - Why is this a class action?
In a class action lawsuit, one or more people called “Representative Plaintiff(s)” (in this Action, Lynette Fliegelman) sue on behalf of other people who allegedly have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Class Members. The company sued in this case – The Talbots, Inc. – is called the Defendant.
Top - Why is there a Settlement?
The Representative Plaintiff has made claims against Talbots. Talbots denies it has done anything wrong or illegal and admits no liability. The Court has not decided that the Representative Plaintiff or Talbots should win this Action. Instead, both sides agreed to the Settlement to avoid the cost, risks, and delay of continued litigation.
Top - How do I know if I am part of the Settlement?
The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement:
All persons who, during the period of time beginning May 17, 2013 through August 2, 2018, purchased one (1) or more products at any Talbots outlet store, in the State of California and did not receive a refund or credit for their purchase(s).
Top - I’m still not sure if I am included.
If you are still not sure whether you are included, you can write the Settlement Administrator for free help. The email address of the Settlement Administrator is info@californiaoutletsettlement.com and the U.S. postal (mailing) address is Fliegelman v. The Talbots, Inc. Settlement Administrator, PO Box 404041, Louisville, KY 40233-4041.
Top - What relief does the Settlement provide to the Class Members?
Talbots has agreed to provide Class Members with a Merchandise Credit that may be used on any purchase in a Talbots outlet store in California.
Class Members who receive direct notice of this Settlement via email or postcard shall automatically receive one (1) Merchandise Credit for $12.50 off any purchase.
Class Members who did not receive direct notice of this Settlement via email or postcard, but who purchased merchandise from the Talbots outlet stores in California during the Class Period, shall also receive one (1) Merchandise Credit for $12.50 off any purchase, but only if they complete and submit a timely and valid Claim Form.
Merchandise Credits are single-use credits usable for the purchase of any merchandise in any Talbots outlet store in California and will be valid for six (6) months from the date of issuance. No minimum purchase is required. The Merchandise Credits may be used with any other discounts or promotions, and on any items that are on sale or otherwise discounted. The Merchandise Credits shall not be redeemable for cash (including no cash back), may not be applied to past purchases, may not be used to purchase gift cards, and will not be replaced if lost, stolen, damaged or expired. The Merchandise Credits are fully transferable.
Top - How do I get a Merchandise Credit?
If you received direct notice of this Settlement, a Merchandise Credit will be sent to you automatically. If you did not receive direct notice of this Settlement, you must submit a completed Claim Form. A Claim Form is available by clicking HERE or on the Internet at the website www.CaliforniaOutletSettlement.com. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by November 1, 2018 or submit it online on or before 11:59 p.m. (Pacific) on November 1, 2018.
Top - When will I get my Merchandise Credit?
As described in Sections 17 and 18, the Court will hold a hearing on November 20, 2018 at 9:00 a.m., to decide whether to approve the Settlement. You can continue to monitor the progress of the case on this website.
Top - Do I have a lawyer in this case?
The Court has ordered that the Law Offices of Zev B. Zysman, APC (“Class Counsel”) to represent the interests of the Class. You will not be separately charged for Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers be paid?
Talbots has agreed to pay Class Counsel’s attorneys’ fees and costs up to $325,000, subject to approval by the Court. You will not be required to pay any attorneys’ fees or costs and the amount awarded will not reduce the benefits available to you under the Settlement. Please see Section 2.4 of the Agreement of Settlement for additional details.
Top - Will the Representative Plaintiff receive any compensation for her efforts in bringing this Action?
The Representative Plaintiff will request a service award of up to $3,000 for her services as Class Representative and her efforts in bringing the Action. The Court will make the final decision as to the amount to be paid to the Class Representative and the amount awarded will not reduce the benefits available to you under the Settlement.
Top - What am I giving up to obtain relief under the Settlement?
If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against Talbots. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against Talbots regarding the claims in the Action. The Settlement, available on the Internet at the website www.CaliforniaOutletSettlement.com contains the full terms of the release.
Top - How do I exclude myself from the Settlement?
You may exclude yourself from the Class and the Settlement. If you want to be excluded, you must send a signed letter or postcard stating: (a) the name and case number of the Action; (b) the full name, address, and telephone number of the person requesting exclusion; and (c) a statement that he/she does not wish to participate in the Settlement, postmarked no later than November 1, 2018 to the Settlement Administrator at:
Fliegelman v. The Talbots, Inc.
Settlement Administrator
PO Box 404041
Louisville, KY 40233-4041
If you timely request exclusion from the Class, you will be excluded from the Class, you will not receive a Merchandise Credit under the Settlement, you will not be bound by the judgment entered in the Action, and you will not be precluded from prosecuting any timely, individual claim against Talbots based on the conduct complained of in the Action.
Top - How do I tell the Court that I disagree with the Settlement?
At the date, time, and location stated in Section 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider Class Counsel’s request for an award of attorneys’ fees and costs, and service award to the Representative Plaintiff.
If you wish to object to the fairness, reasonableness, or adequacy of the Agreement of Settlement or the proposed Settlement, you may submit a written objection to the Court, Defense Counsel, and Class Counsel at the addresses as set forth below no later than (i.e., postmarked by) November 1, 2018.
COURT
CLASS COUNSEL
DEFENSE COUNSEL
Clerk of the Court
Superior Court of the State of California, County of Ventura
800 South Victoria Avenue
Department 43
Ventura, California 93009
Zev B. Zysman
Law Offices of Zev B. Zysman, APC
15760 Ventura Boulevard
16th Floor
Encino, CA 91436
(818) 783-8836
Stephanie A. Sheridan
Steptoe & Johnson LLP
One Market Street,
Stuart Tower, Suite 1800
San Francisco, CA 94105
(415) 365-6700
Any written objections should contain: (1) the name and case number of the Action; (2) your full name, address, and telephone number; (3) the words “Notice of Objection” or “Formal Objection”; (4) in clear and concise terms, the legal and factual arguments supporting the objection; (5) facts supporting your status as a Class Member (e.g., either any unique identifier included by the Claims Administrator in your notice, or the date and location of your relevant purchases); (6) your signature and the date; and (7) the following language immediately above your signature and date: “I declare under penalty of perjury under the laws of the State of California that the foregoing statements regarding class membership are true and correct to the best of my knowledge.” You may, but need not, submit your objection through counsel of your choice. If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs.
Class Members have the option to appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of the Settlement, the award of attorneys’ fees and costs, or the proposed incentive award to the Class Representative. However, Class Members (with or without their attorneys) intending to make an appearance at the Fairness Hearing must so inform the Parties and the Court on or before November 1, 2018 by providing a “Notice of Intention to Appear” to the Settlement Administrator.
Top - What is the difference between excluding myself and objecting to the Settlement?
Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
Top - What is the Fairness Hearing?
The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. You may attend, but you do not have to. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for service award to the Representative Plaintiff. Class Counsel will file with the Court their motion for award of attorneys’ fees and costs and Class Representative’s service payments no later than October 17, 2018. After that date, you may view the motion on the Settlement Website.
Top - When and where is the Fairness Hearing?
On November 20, 2018 at 9:00 a.m. (Pacific), 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 proposed Settlement’s fairness. The hearing will take place before the Honorable Kevin DeNoce in Department 43 of the Courthouse of the Ventura County Superior Court, located at 800 South Victoria Ave., Ventura, CA 93009. The hearing may be postponed to a different date or time or location without notice. Please check www.CaliforniaOutletSettlement.com for any updates about the Settlement generally or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to the Settlement website will be the only way you will be informed of the change.
Top - May I speak at the hearing?
At the Fairness Hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement. As described above in Section 15, you may speak at the Fairness Hearing only if you have timely and validly provided a Notice of Intention to Appear.
If you have requested exclusion from the Settlement, you may not speak at the hearing.
Top - How do I get more information?
To see a copy of the Settlement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees, costs, and incentive award, and the operative complaint filed in the Action, please visit the Settlement website located at: www.CaliforniaOutletSettlement.com. Alternatively, you may contact the Settlement Administrator at the email address: info@californiaoutletsettlement.com or the U.S. postal (mailing) address: Fliegelman v. The Talbots, Inc. Settlement Administrator, PO Box 404041, Louisville, KY 40233-4041.
This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file you should visit the Clerk’s office at 800 South Victoria Ave., Ventura, CA 93009. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.
Top - What if my address or other information has changed or changes after I submit a Claim Form?
It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the address below:
Fliegelman v. The Talbots, Inc.
Settlement Administrator
PO Box 404041
Louisville, KY 40233-4041
DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE, DEFENDANT, OR DEFENDANT’S COUNSEL.
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