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I got this email earlier today, and I'm sitting here confused and going "WTF?" all over the place. I apologize for it being long winded, but it's a legal thing, and I'm not quite sure what's going on. Any information or help someone can give me is greatly appreciated... I'm really confused. apparently I may be part of a class action settlement thingie...?
So, thoughts? Is this a scam? Should I opt out? But if I do, they'll have my contact information, and who knows what they can do with that. Like I said I'm really confused. I went to the website (not clicking on the link in case it was a phishing scam of some kind, and it looks like there really is a case, but again, I'm really, really confused. So. Advice? Help? Anyone?
Quoth the email
SUMMARY NOTICE OF CLASS ACTION SETTLEMENT AND YOUR RIGHT TO
THE $10 GIFT VOUCHER(S) PROVIDED BELOW
THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS - PLEASE READ IT CAREFULLY.
Dear 1-800-Flowers.com Customer:
Because you purchased products between March 1, 2006 and February 5, 2008 from the www.1-800-Flowers.com website, when a “shipping charge” was noted on the website and the products were delivered by a local florist, you are a Class Member. Under a proposed class action settlement, upon final Court approval, you are entitled to a Gift Voucher of $10 for each order that you placed at www.1-800-Flowers.com between March 1, 2006 and February 5, 2008. Simply visit www.1-800-Flowers.com, choose any bouquet, gift basket or other product, and then enter your Gift Code Number at time of check out. Your Gift Code Number or Numbers are EUDGPR.
Each Gift Voucher is valid for a single Internet order during the six month period following final Court approval (the “Redemption Period”) and is not valid for redemption or delivery of products during the one-week period (7 days) prior to Valentine’s Day and Mother’s Day. Complete details, along with dates of the Redemption Period, can be found at www.molnarsettlement.com. Please check the www.molnarsettlement.com website after March 29, 2010 to determine whether and when Final Approval has been granted and the exact dates of the Redemption Period.
A class action lawsuit entitled Molnar v. 1-800-Flowers Retail, Inc. was filed in Los Angeles Superior Court (Case Number BC382828) on December 21, 2007. The lawsuit alleges that 1-800-Flowers made misleading statements and omitted information concerning the shipping and delivery charges associated with certain on-line purchases of floral products. 1-800-Flowers denies these claims, denies that it has done anything wrong, and denies that any Class Member was damaged in any way. The Court did not decide who was right. However, to avoid the expense of litigation, inconvenience, and interference with business operations, the parties have reached a settlement that they believe is in the best interests of the company and its customers.
A final hearing will be held to determine whether the proposed Settlement is fair, reasonable and adequate, and should be finally approved. The hearing will take place on March 29, 2010 at 8:30 a.m. in Dept. 23 of the Los Angeles Superior Court, located at 111 North Hill Street, Los Angeles, California 90012. You are not required to attend the hearing in order to participate in the settlement.
IF YOU WISH TO BE PART OF THIS CASE and/or receive the benefits of the settlement, you do not need to do anything. This Notice contains your individual Gift Code Number or Numbers, and thereby provides you one or more Gift Vouchers for future use during the Redemption Period. KEEP THIS NOTICE FOR FUTURE USE AND TO REDEEM YOUR $10 GIFT VOUCHER OR VOUCHERS. Upon Final Judicial Approval of the settlement, each Class Member, who does not timely opt-out of the settlement, will be bound by the Settlement and/or the Court’s final Order and shall automatically be entitled to use the Gift Voucher or Vouchers and shall receive $10 off one purchase per Voucher at www.1-800-Flowers.com. As part of this Settlement, it is expected that over $60 million dollars in Gift Vouchers will be provided to Class Members. Class Counsel, Westrup Klick, LLP, will seek attorney’s fees and costs not to exceed $400,000 and an incentive award to Plaintiff for no more than $5,000. The full text of the Notice Of Proposed Class Settlement (the “Notice”), which further explains the settlement terms and restrictions, appears at www.molnarsettlement.com.
IF YOU DO NOT WISH TO BE PART OF THIS CASE, you may exclude yourself. To do so, you must mail a request to “OPT OUT,” postmarked no later than February 22, 2010. The request must state: “I wish to be excluded from the 1-800-Flowers Class Action Settlement.” Mail your request to be excluded to Thomas Molnar v. 1-800-Flowers Retail, Inc. et al., c/o The Garden City Group, Inc., P.O. Box 9558, Dublin, OH 43017-4858. If you properly and timely exclude yourself from the settlement you will NOT be entitled to use the $10 Gift Voucher. In addition, you have the right to object to the settlement. The procedures for objecting are set forth in the Notice which appears at www.molnarsettlement.com.
IF YOU WANT TO OBJECT TO THE TERMS OF THE SETTLEMENT, you must file and serve your written request to appear and object with the Court and upon Counsel for all parties by February 22, 2010. You must serve all such notices and papers upon Class Counsel and Defendants’ Counsel at the following addresses: 1) Mark Van Buskirk, Westrup Klick LLP, 444 W. Ocean Blvd., Suite 1614, Long Beach, CA 90802 (“Class Counsel”); and 2) Judith A. Powell, Kilpatrick Stockton, LLP, 1100 Peachtree Street, Suite 2800, Atlanta, Georgia 30309 (“Defendants’ Counsel”). The Court’s mailing address for filing an objection is: Los Angeles Superior Court, Dept. 23, 111 North Hill Street, Los Angeles, California 90012. You may attend the final hearing either in person or through an attorney retained at your own expense. However, Class Members who do not make timely and properly filed objections will be deemed to have waived all objections and shall not be entitled to be heard at the settlement approval hearing. If your objection is rejected you will be bound by the final judgment just as if you had not objected.
Please direct any questions you have regarding this settlement or this lawsuit to Class Counsel, Westrup Klick, LLP. Do not direct any such questions to the Court, to 1-800-Flowers.com, or to Counsel for Defendants.
Please do not reply to this message. We are unable to respond to inquiries sent in reply to this email.
THE $10 GIFT VOUCHER(S) PROVIDED BELOW
THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS - PLEASE READ IT CAREFULLY.
Dear 1-800-Flowers.com Customer:
Because you purchased products between March 1, 2006 and February 5, 2008 from the www.1-800-Flowers.com website, when a “shipping charge” was noted on the website and the products were delivered by a local florist, you are a Class Member. Under a proposed class action settlement, upon final Court approval, you are entitled to a Gift Voucher of $10 for each order that you placed at www.1-800-Flowers.com between March 1, 2006 and February 5, 2008. Simply visit www.1-800-Flowers.com, choose any bouquet, gift basket or other product, and then enter your Gift Code Number at time of check out. Your Gift Code Number or Numbers are EUDGPR.
Each Gift Voucher is valid for a single Internet order during the six month period following final Court approval (the “Redemption Period”) and is not valid for redemption or delivery of products during the one-week period (7 days) prior to Valentine’s Day and Mother’s Day. Complete details, along with dates of the Redemption Period, can be found at www.molnarsettlement.com. Please check the www.molnarsettlement.com website after March 29, 2010 to determine whether and when Final Approval has been granted and the exact dates of the Redemption Period.
A class action lawsuit entitled Molnar v. 1-800-Flowers Retail, Inc. was filed in Los Angeles Superior Court (Case Number BC382828) on December 21, 2007. The lawsuit alleges that 1-800-Flowers made misleading statements and omitted information concerning the shipping and delivery charges associated with certain on-line purchases of floral products. 1-800-Flowers denies these claims, denies that it has done anything wrong, and denies that any Class Member was damaged in any way. The Court did not decide who was right. However, to avoid the expense of litigation, inconvenience, and interference with business operations, the parties have reached a settlement that they believe is in the best interests of the company and its customers.
A final hearing will be held to determine whether the proposed Settlement is fair, reasonable and adequate, and should be finally approved. The hearing will take place on March 29, 2010 at 8:30 a.m. in Dept. 23 of the Los Angeles Superior Court, located at 111 North Hill Street, Los Angeles, California 90012. You are not required to attend the hearing in order to participate in the settlement.
IF YOU WISH TO BE PART OF THIS CASE and/or receive the benefits of the settlement, you do not need to do anything. This Notice contains your individual Gift Code Number or Numbers, and thereby provides you one or more Gift Vouchers for future use during the Redemption Period. KEEP THIS NOTICE FOR FUTURE USE AND TO REDEEM YOUR $10 GIFT VOUCHER OR VOUCHERS. Upon Final Judicial Approval of the settlement, each Class Member, who does not timely opt-out of the settlement, will be bound by the Settlement and/or the Court’s final Order and shall automatically be entitled to use the Gift Voucher or Vouchers and shall receive $10 off one purchase per Voucher at www.1-800-Flowers.com. As part of this Settlement, it is expected that over $60 million dollars in Gift Vouchers will be provided to Class Members. Class Counsel, Westrup Klick, LLP, will seek attorney’s fees and costs not to exceed $400,000 and an incentive award to Plaintiff for no more than $5,000. The full text of the Notice Of Proposed Class Settlement (the “Notice”), which further explains the settlement terms and restrictions, appears at www.molnarsettlement.com.
IF YOU DO NOT WISH TO BE PART OF THIS CASE, you may exclude yourself. To do so, you must mail a request to “OPT OUT,” postmarked no later than February 22, 2010. The request must state: “I wish to be excluded from the 1-800-Flowers Class Action Settlement.” Mail your request to be excluded to Thomas Molnar v. 1-800-Flowers Retail, Inc. et al., c/o The Garden City Group, Inc., P.O. Box 9558, Dublin, OH 43017-4858. If you properly and timely exclude yourself from the settlement you will NOT be entitled to use the $10 Gift Voucher. In addition, you have the right to object to the settlement. The procedures for objecting are set forth in the Notice which appears at www.molnarsettlement.com.
IF YOU WANT TO OBJECT TO THE TERMS OF THE SETTLEMENT, you must file and serve your written request to appear and object with the Court and upon Counsel for all parties by February 22, 2010. You must serve all such notices and papers upon Class Counsel and Defendants’ Counsel at the following addresses: 1) Mark Van Buskirk, Westrup Klick LLP, 444 W. Ocean Blvd., Suite 1614, Long Beach, CA 90802 (“Class Counsel”); and 2) Judith A. Powell, Kilpatrick Stockton, LLP, 1100 Peachtree Street, Suite 2800, Atlanta, Georgia 30309 (“Defendants’ Counsel”). The Court’s mailing address for filing an objection is: Los Angeles Superior Court, Dept. 23, 111 North Hill Street, Los Angeles, California 90012. You may attend the final hearing either in person or through an attorney retained at your own expense. However, Class Members who do not make timely and properly filed objections will be deemed to have waived all objections and shall not be entitled to be heard at the settlement approval hearing. If your objection is rejected you will be bound by the final judgment just as if you had not objected.
Please direct any questions you have regarding this settlement or this lawsuit to Class Counsel, Westrup Klick, LLP. Do not direct any such questions to the Court, to 1-800-Flowers.com, or to Counsel for Defendants.
Please do not reply to this message. We are unable to respond to inquiries sent in reply to this email.
So, thoughts? Is this a scam? Should I opt out? But if I do, they'll have my contact information, and who knows what they can do with that. Like I said I'm really confused. I went to the website (not clicking on the link in case it was a phishing scam of some kind, and it looks like there really is a case, but again, I'm really, really confused. So. Advice? Help? Anyone?
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