Miller v. TAP Worldwide, LLC Summary Class Notice Notice of Class

Transcription

Miller v. TAP Worldwide, LLC Summary Class Notice Notice of Class
Miller v. TAP Worldwide, LLC Summary Class Notice
Notice of Class Action Settlement re: Credit Card Purchases From California 4 Wheel Parts Stores
Why did you get this notice? A Settlement has been proposed in the class action lawsuit pending in the
Los Angeles Superior Court entitled David Miller and Anjum Malik, et. al. v. TAP Worldwide, LLC d/b/a
4 Wheel Parts, Case No. BC489253 (the Action). Records indicate you are a Class Member. The
purpose of this Summary Notice is to inform you of the Settlement so that you may decide what actions to
take in relation to it. A detailed Full Class Notice describing the Settlement and its effect on your
rights, a copy of the Settlement Agreement, and related court documents may be viewed at
www.4WheelParts-Song-Beverly-Settlement.com. Capitalized words herein have defined meanings in
the Full Class Notice and Settlement Agreement.
What is the Action about? The Action alleges that 4 Wheel Parts (“4WP”) retail stores in California
violated the Song Beverly Credit Card Act, Cal. Civ. Code § 1747.08, by improperly requesting and
recording during credit card purchases customers’ Personal Identification Information (“PII”), such as
their addresses, phone numbers, and/or email addresses. 4WP denies wrongdoing and liability, and the
Court has made no determination of any wrongdoing or liability.
Are you a Class Member? You are a Class Member if, between July 28, 2011 and April 23, 2015, you
used a credit card (or signature-authenticated debit card) to make a purchase at a 4 Wheel Parts retail store
in California and your PII is currently recorded in 4WP’s customer database. The Full Class Notice lists
additional grounds that could exclude a person from the Class, but 4WP’s records indicate those
conditions do not apply to you.
What relief does the Settlement provide to you? As a Settlement Class Member, you are receiving (i) a
single-use certificate for $10 off the purchase price of any product sold in any 4 Wheel Parts retail store in
California (no minimum purchase required) and (ii) a single-use voucher for a 15% discount off of the
sales price, up to $250 (i.e., a maximum discount value of $37.50), of a merchandise purchase at any 4
Wheel Parts retail store in California. You need not make a claim to receive the $10-Off Merchandise
Certificate or the 15% Discount Voucher – they are attached to this Summary Notice. The certificate
and voucher are valid for merchandise purchases only; may be used in conjunction with one another, but
not combined with other 4WP promotions, offers or discounts; and are not redeemable for cash or credit.
You may use the certificate and/or voucher only after the Court grants Final Judicial Approval to the
Settlement, and they will remain valid for 180 days thereafter. Additional terms and conditions pertaining
to the certificate and voucher are set forth in the Full Class Notice.
Settlement Class Members may also have their PII removed from 4WP’s customer database by written
request to: TAP Worldwide, LLC., attn.: Robert S. Ray, Assistant General Counsel, 400 West Artesia
Blvd, Compton, CA 90220, or by following this link custserv@4wheelparts.com.
What are your other options? If you don’t want to be part of the Settlement Class and be legally bound
by the Settlement, you must exclude yourself by June 16, 2015. If you exclude yourself from the
Settlement you cannot use the $10-Off Merchandise Certificate or 15% Discount Voucher. If you stay in
the Settlement, you may object to it and/or ask to appear at the Fairness Hearing by June 16, 2015. The
Full Class Notice explains how to exclude yourself from the Settlement and how to object.
Court Approval of the Settlement. The Court will hold a Fairness Hearing on July 7, 2015, at 9:00
a.m., in Dept. 308, 600 South Commonwealth Ave., Los Angeles, CA 90005, to determine whether to
finally approve the Settlement and a request by Class Counsel, for $150,000 in attorneys’ fees and costs
and for the Class Representative to be awarded $3,500 for his services.
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