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Kmart Corporation has agreed to settle a class action lawsuit that alleges the retailer violated Massachusetts law by requesting and recording ZIP codes and other personal identification information from customers who used a credit card to pay for merchandise.
Consumers who used a credit card at a Massachusetts Kmart store between Jan. 23, 2010 and Jan. 13, 2016 and whose personal identification information was requested and recorded by Kmart may be entitled to benefits from the Kmart ZIP code class action settlement.
Plaintiff Michael Pietrantonio filed the ZIP code class action lawsuit against Kmart in August 2015. He alleges that he shopped at a Massachusetts Kmart store on at least two occasions, and that he was asked to provide his ZIP code when he used a credit card to pay for the merchandise.
According to the Kmart class action lawsuit, the retailer recorded Pietrantonio’s ZIP code on a credit card transaction form. He says he subsequently received unwanted marketing materials from Kmart in the mail.
Pietrantonio asserts that Kmart violated the Massachusetts Unfair Trade Practices Act, which prohibits merchants from requiring consumers who pay with a credit card to provide personal identification information, including a ZIP code.
Kmart denies any wrongdoing but has agreed to settle the ZIP code class action lawsuit to avoid the expense and uncertainty of ongoing litigation.
Who’s Eligible
You are a Class Member of the Kmart ZIP code settlement if you, between Jan. 23, 2010 and Jan. 13, 2016, used a credit card at a Massachusetts Kmart store and your personal identification information (including but not limited to ZIP code) was requested and recorded by Kmart.
Potential Award
Class Members of the Kmart ZIP code settlement may be eligible to receive one of the following benefits:
- A 15 percent off merchandise certificate (the 15 percent off will apply only to the first $100 of the purchase amount)
- A $10 merchandise certificate
- $10 Shop Your Way Points (Class Member must be a member of the Shop Your Way Program to qualify for this benefit)
The merchandise certificates are redeemable at any physical Kmart retail store in Massachusetts.
Proof of Purchase
N/A
Claim Form
Claim Form Deadline
04/18/2016
Case Name
Pietrantonio v. Kmart Corporation, Case No. 15-5292, in the Middlesex Superior Court
Final Hearing
06/15/2016
Settlement Website
Claims Administrator
Pietrantonio v. Kmart Corporation
c/o GCG
P.O. Box 10282
Dublin, OH 43017-5782
Class Counsel
Joseph J. Siprut
SIPRUT PC
17 North State Street
Suite 1600
Chicago, IL 60602
(312) 236-0000
Defense Counsel
MORRISON & FOERSTER LLP
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4 thoughts onKmart ZIP Code Collection Class Action Settlement
I got the same letter stating that I had points and they are not in my account either.
Got my $10.00 rebate/check (call it what you will) and will now have to go ALL-THE-WAY to Boston (GO RED SOX!!!) to cash it in. It should be that you could use (it) anywhere, BUT NO!!! I’ll spend more on gas than the entire savings-$10.00-and maybe only buy me a “Blue Light Special” pair of plastic sandals.
I received my Letter in the mail, stating that they added $10 Shop Your Way Points on my account, I have not yet received my points
You may want to contact class counsel with your questions. The FAQs on the settlement website give a phone number and address for contacting counsel with any questions about the claim process. Good Luck!