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Five Guys Gift Card Class Action Settlement
By Matt O’Donnell
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The Five Guys gift card settlement will resolve a class action lawsuit, entitled Storch v. Five Guys Enterprises, LLC and FG Madison, LLC, that alleges Five Guys sold gift cards in New Jersey containing a dormancy fee and other provisions that allegedly violate the New Jersey Truth in Consumer Contract Warranty and Notice and the New Jersey Gift Card Act.
Five Guys denies any wrongdoing and maintains it has never charged a dormancy fee or treated a gift card as expired, but has agreed to a class action lawsuit settlement to avoid ongoing litigation.
The Five Guys gift card class action settlement includes all New Jersey Residents who purchased a Five Guys gift card on or after April 4, 2006 with a dormancy fee provision. Under the proposed class action lawsuit settlement, Class Members can file a claim to receive a Five Guys gift card in an amount of up to $50, redeemable at a New Jersey Five Guys location, if they have Proof of Purchase.
Class Members who do not have Proof of Purchase can still file a claim to receive a $15 gift card as long as they submit a claim form under penalty of perjury stating they purchased a Five Guys gift card in New Jersey that contained a dormancy fee provision and/or expiration provision, including the location and date of purchase.
Five Guys has also agreed to continue honoring the full value of unredeemed Five Guys gift cards, or the remaining value of partially redeemed gift cards, sold in New Jersey after April 4, 2006.
In order to receive a gift card from the Five Guys class action lawsuit settlement, you must submit a claim form postmarked no later than May 29, 2012.
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Updated May 1, 2012
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