The Plaintiffs in the lawsuit allege that Burlington used "Compare At" reference prices on its price tags that compared Burlington's sales prices to higher prices at other retailers, which led customers to believe they were getting a better deal than they may actually have received. The Plaintiffs allege that Burlington's price tags were deceptive because the "Compare At" prices may have been higher than the actual sales prices for identical products at other retailers. Because Burlington did not disclose to customers what the "Compare At" price means, Plaintiffs allege that Burlington did not provide an accurate basis for consumers to compare its prices and products with those sold at other retailers. Burlington denies these claims and contends that it has done nothing wrong.
THE SETTLEMENT CLASS
You are part of the Settlement if you purchased merchandise that was advertised with a "Compare At" price and an "Our Low" price or simply a lower price at one of Defendant's stores in California and/or on its e-commerce website and had the merchandise shipped to a California address between July 1, 2011, and January 26, 2017.
6. What does the Settlement provide?
As part of the Settlement, each Class Member will receive a Merchandise Certificate in the amount of seven dollars and fifty cents ($7.50) for use in one of Defendant's stores in California or online. The Merchandise Certificates are subject to the following terms and conditions: (a) the Merchandise Certificates do not expire; (b) each Class Member is entitled to receive only one Merchandise Certificate regardless of the number of alleged violations; (c) they may only be used once, but may be used on more than one product in the same visit to a retail store in California or online; (d) they are redeemable for in-store purchases of merchandise at California retail stores or online at BurlingtonCoatFactory.com only and may not be used on telephone orders; (e) they are fully transferable; (f) they are redeemable for $5.00 cash, but if redeemed for merchandise then no monetary refund, cash, or change of any kind shall be provided for all or any unused portion of the Merchandise Certificate's value; (g) they are not gift cards or gift certificates under California law, and thus, it is the Parties' belief and intent that the Merchandise Certificates are not subject to the restrictions and terms found under California law or any similar state or federal law regarding gift cards or gift certificates; (h) they are not valid for past purchases; (i) they will not be replaced if lost, stolen, or damaged; (j) Class Members are responsible for any applicable sales tax; (k) they may be used on sale item(s), and may be combined with other discount programs, promotional coupons or vouchers, but only one Merchandise Certificate can be used during each visit to a store in California or online; (l) they may not be used to purchase gift cards or certificates; (m) no minimum or maximum purchase amount is required to use them; (n) they must be surrendered at time of purchase, and, (o) copies will not be accepted.
To redeem a Merchandise Certificate for $5.00 cash, a Class Member may either: (1) tender the Merchandise Certificate at any Burlington retail store in California at any time; or (2) send a completed Cash Redemption Form to the Claims Administrator along with the original Merchandise Certificate no later than May 30, 2017. A Cash Redemption Form can be found online at this website.
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