SAN DIEGO, Mar. 25, 2016 /PRNewswire-HISPANIC PR WIRE/ — The following statement is being issued by the Stanley Law Group regarding the JCPenney California class action settlement.
Para una notificación en Español, llamar 1(855) 731-7497 o visitar nuestro website www.JCPenneySettlement.com.
A class action settlement has been reached concerning JCPenney’s (“JCPenney”) pricing practices. The lawsuit claims that JCPenney used false “regular” and “original” prices for its private and exclusive branded products. The lawsuit is known as Spann v. JCPenney Corporation, Inc., Case No. 12-cv-0215FMO, pending in the U.S. District Court for the Central District of California. JCPenney denies that it used false price comparison advertising or that it has done anything wrong, and denies that the Plaintiff or the class has been harmed in any way. The Court has not decided who is right.
Who is a class member?
You may be an eligible class member if you purchased any JCPenney private or exclusive branded clothing or accessories in California at a discount of least 30 percent off of a “regular” or “original” price between November 5, 2010 and January 31, 2012, or between January 1, 2013 and December 31, 2014.
What does the Settlement provide?
JCPenney has agreed to make available $50 million to settle the lawsuit. If you are eligible, you can choose either a cash payment or a store credit of equal value for use at any JCPenney store or on its website. The store credit will maintain a running balance, will not expire, and can be used to purchase any item(s) with or without discounts. You can give your store credit to someone else but it cannot be resold or exchanged for cash.
What do I need to do?
If you want to participate in the settlement, you must file a claim, by June 30, 2016 to receive either cash or a store credit. If the Court approves the settlement, you will give up your right to sue JCPenney for any of the claims released in the settlement. If you don’t want to participate, you may exclude yourself by June 30, 2016. You will not receive cash or a store credit, but you will keep your right to sue JCPenney on your own for the same claims in this matter. You may object and tell the court why you don’t like the settlement, but you must do so by June 30, 2016. If you do nothing, you will NOT receive money or a store credit, and you will be bound by the decisions of the Court.
The Court has appointed Class Counsel, who have requested attorneys’ fees of $13,500,000 (27 percent of the Settlement Fund), plus reimbursement of $191,080.91 in out-of-pocket expenses, and an Enhancement Award of $10,000 to the Representative Plaintiff. The Settlement Fund will also be used to pay up to $2,667,000 for the costs of a third-party notice and claim administrator. The remainder will be distributed to class members who submit valid claims. The motion for attorneys’ fees and costs is posted on www.JCPenneySettlement.com. The amount that you receive will depend on the number of claims submitted, the amount that you spent on qualifying purchases at JCPenney, and the amount of fees and costs awarded by the Court.
The Court will hold a hearing on August 25, 2016 at 10:00 a.m. to determine whether to approve the settlement and how much to award in attorneys’ fees and costs. The date of the hearing may change without further notice, so please check the Settlement Website for updates.
This is only a summary. For the detailed notice and claim form, visit www.JCPenneySettlement.com. You may also call 1(855) 731-7497 with any questions.
