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Award (how much your claim may be worth): You can receive a full refund of any unused LivingSocial deal voucher that you are unable to redeem.
Class Action Lawsuit Settlement Case(s): In re: LivingSocial Marketing & Sales Practices Litigation, Case No. 11-mc-00472-ESH-AK, U.S. District Court, District of Columbia.
Company(ies): LIVINGSOCIAL INC.
Address to submit a claim form (REQUIRED):
Phone Number to call for assistance: (855) 590-8696
Details:The LivingSocial settlement will resolve a class action lawsuit, titled In Re: LivingSocial Marketing and Sales Practices Litigation, that alleges the daily deal site’s vouchers are “gift certificates” and therefore cannot legally expire for at least five years after they’re sold.
LivingSocial denies it violated any laws, but has agreed to a $4.5 million class action lawsuit settlement to resolve the litigation.
Class Members of the LivingSocial class action settlement include all persons in the United States who purchased or received any LivingSocial deal voucher prior to October 1, 2012.
Settlement Class Members are eligible to receive up to 100% of the amount they paid for any LivingSocial deal voucher that they still hold and have been unable to redeem. This amount may be reduced based on how many people file valid claims.
Any funds left over after payment of Settlement Class Members’ claims will be distributed to the National Consumers League and Consumers Union, which are both not-for-profit organizations that represent consumers on marketplace and technology issues, among other things.
In addition, LivingSocial has agreed to make the following changes in business practices under the proposed class action lawsuit settlement:
— For Deals that can have their value split into “paid value” and “promotional value” portions, LivingSocial will: (1) specifically identify the “promotional” and “paid” portions on the Deal Voucher and on its website, and (2) include the terms “promotional” and “paid” and capitalize the associated expiration dates in at least 10-point font on the Deal Voucher and on its website.
— For Deals that can be split into “paid value” and “promotional value” components, the paid value will not expire prior to the expiry period provided for gift certificates by the CARD Act or the applicable state law, whichever period is longer.
— LivingSocial will state in its terms and conditions that a person can request a refund for the amount paid for any unredeemed Deal Voucher within seven days of the purchase. Additionally, LivingSocial will include in its terms and conditions a mechanism to allow a person to request a refund for the paid value of their Deal if the Deal is unredeemed and the merchant has gone out of business before the promotional expiration date.
The only way to receive a refund from the LivingSocial voucher class action settlement is to submit a claim form either online at www.LivingSocialVoucherSettlement.com or mailed to the Settlement Administrator no later than February 8, 2013.
A Final Fairness Hearing will be held on March 7, 2013.
Claim Forms and more information on your rights in the Living Social Voucher Class Action Lawsuit Settlement can be found at www.LivingSocialVoucherSettlement.com.
Purchased or Received: Prior to October 1, 2012
Claims must be postmarked by: 2/8/13
Settlement Administrator(s): Garden City Group, Inc.
Class Counsel:
Charles G. LaDuca
William H. Anderson
CUNEO GILBERT & LADUCA, LLP
ROBBINS GELLER RUDMAN & DOWD LLP
Defense Counsel:
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One thought on LivingSocial Voucher Class Action Lawsuit Settlement
I spoke to counsel by phone because I could NOT fill out the online form due to the fact that when I complained about my inability to use my coupon, I was given a credit which I have not used but which does not show up in my “history” and therefore can’t be claimed using this form.
I do not wish to have anything to do with Living Social, do NOT want the credit, and in fact have cancelled email subscription. I was told to write a letter explaining my situation and enclose a copy of my coupon. I did this and sent it to counsel by registered mail.
Now I am receiving an email informing me I must complete the online form, which I cannot do. Please advise.