Q: Who is included in the Settlement?
A: You are a Settlement Class Member and included in the Settlement if you possess, or were issued, promotional gift cards in hard copy issued by Hollister Co., Gilly Hicks, Abercrombie & Fitch, or abercrombie kids that: (a) were distributed to customers who made qualifying purchases of merchandise as part of promotions conducted in 2009 and 2010, (b) contained language stating that the cards do not expire, or words to that effect, and (c) had an unused balance when voided.
Q: What does the Settlement provide?
A: The Settlement provides that within 5 business days after the Settlement’s Effective Date (as defined in the Settlement Agreement), 70% of the original remaining value on the promotion cards will be restored and the cards will be redeemable at any store of the brand that issued the card—or in the case of Gilly Hicks at Hollister stores—for 6 months after the Settlement’s Effective Date. The Settlement also provides that the plaintiffs may apply for incentive payments of up to $5,000 for each plaintiff, subject to court approval. The defendants have also agreed to pay reasonable costs associated with notice in an amount not to exceed $20,000 and, subject to approval by the court, plaintiffs’ lawyers $450,000 for fees and expenses.
Q: What are my options as a Settlement Class Member?
A: If you wish to remain a Settlement Class Member and receive the benefit of the Settlement, you do not need to do anything other than to retain your promotional gift card.
If you wish to be excluded from the Settlement Class, you will not be able to participate in the Settlement. You will have the right, at your own expense, to pursue any individual claim that you may have against Hollister or Abercrombie relating to the promotional gift cards covered by this lawsuit.
If you exclude yourself from the Settlement Class, you must state your request in writing (including your full name and address) and sign your name. If you are signing on behalf of a Settlement Class Member (such as an estate, corporation or partnership), please indicate your full name and the basis of your authority. Your request for exclusion must be mailed to Vincent L. DiTommaso, DiTommaso♦Lubin, P.C., 17W220 22nd Street, Suite 410, Oakbrook Terrace, IL 60181, and postmarked no later than February 1, 2017. You cannot exclude yourself from the Settlement Class by telephone or e-mail, and a request for exclusion shall not be effective unless it contains all the information called for by this paragraph and is postmarked by the date stated above, or is otherwise accepted by the Court. Please do not mail your request for exclusion to the Court.
If you wish to object to the Settlement, you must mail your written objection to Class Counsel, DiTommaso♦Lubin, P.C., by February 1, 2017. Any written objection must include your full name, current address, reasons for objecting to the settlement, and whether you intend to appear at the fairness hearing with or without counsel.
Q: Do I need to file a claim form to obtain the Settlement benefits?
A: No. If you are a Settlement Class Member, you do not need to file a claim form to obtain the Settlement benefits. Within 5 business days after the Settlement’s Effective Date (as defined in the Settlement Agreement), 70% of the original remaining value on the promotion cards will be automatically restored to the promotional cards. The cards can then be used at any store of the brand that issued the card—or in the case of Gilly Hicks at Hollister stores—for 6 months after the Settlement’s Effective Date.
Q: How will I know if the Settlement has received final approval?
A: The Court held a hearing on March 3, 2017, at which time it granted final approval of the Settlement. If no one appeals the Court’s decision, the Settlement's Effective Date will be April 18, 2017. Hollister and Abercrombie will provide notice that the Settlement has been finally approved on their websites and social media accounts. Notice, documents, and important dates will also be posted on this website.
Q: Do I have a lawyer in this case?
A: The Court has approved DiTommaso♦Lubin, P.C., 17W220 22nd Street, Suite 410, Oakbrook Terrace, IL 60181, Flitter-Milz, P.C, 525 Route 73 South, Suite 200, Marlton, NJ 08053, and Shedden Law, 145 Deer Valley Dr., Deer Park, IL 60010, as Settlement Class Counsel. You do not need to hire your own lawyer because Settlement Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Settlement Class Counsel to speak for you.
Q: How do I get more information?
A: Copies of all pleadings regarding this case are available at the Court’s Clerk’s Office located at 120 Hooper Ave., Toms River, NJ 08754. Additionally, you can find important information, documents, and dates posted on the class website www.hollisterclassaction.com. You can also contact Settlement Class Counsel to request more information by following the instructions on the Contact Us page.