A settlement has been reached in the United States District Court for the District of South Carolina (the “Court”) in a class action lawsuit entitled Myriam Fejzulai, et al. v. Sam’s West, et al., Case No. 6:14-cv-03601-BHH (the “Lawsuit”). This notice is summary only. You should read the full Notice for complete information.
The Court has decided that for settlement purposes, any Sam’s Club member who purchased certain Fresh Products from Sam’s Club and returned that product but did not receive the full value of the Freshness Guarantee during the time periods covered by the Settlement (as set forth in more detail in the full notice) is a considered a Settlement Class Member. This makes you a member of the “Settlement Class”.
WHAT IS THIS SETTLEMENT ABOUT?
The Lawsuit claims that Sam’s Club at times did not fully honor the Freshness Guarantee with respect to certain fresh products purchased at Sam’s Clubs within the United States. Sam’s Club denies any liability or wrongdoing with respect to the claims alleged in the Lawsuit. The parties desire to settle the case because a settlement will avoid the risk, expense and distraction of continued litigation.
WHAT DOES THE SETTLEMENT PROVIDE?
The settlement provides for the following relief: Sam’s Club will fund a Class Settlement Amount of up to $6,000,000. The Class Settlement Amount will be used to provide Settlement Class Members with the opportunity to apply for and receive a gift card redeemable towards purchases made at Walmart stores, Sam’s Club stores, walmart.com, or samsclub.com, to pay for administration of the settlement proceeds, to pay attorney fees and expenses and Class Counsel, and to pay for incentive awards to the Class Representatives. Class Counsel will apply for fees in an amount not to exceed 30% of the settlement and will seek reimbursement of reasonable expenses. The anticipated value of the gift card will be $10, although the actual amount of the gift card could be higher or lower depending on the number of claims submitted. To qualify for a payment from the settlement, you must submit a Claim Form. Your claim must be submitted no later than March 26, 2018.
WHAT ARE MY LEGAL RIGHTS?
WHEN IS THE FAIRNESS HEARING?
The Court will hold a Fairness Hearing at 2:00 p.m. on April 9, 2018 in the United States District Court located in Charleston, South Carolina. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. After the hearing, the Court will decide whether to approve the settlement.
Do Not Contact the Court or Sam’s Club About This Settlement.