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This settlement is closed!
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Kohl’s has agreed to pay $6.15 million to settle allegations that the retailer invented “original” prices for sale items as a way to deceive customers into thinking they were getting a steep discount.
The Kohl’s class action settlement was granted initial approval last month after U.S. District Judge R. Gary Klausner found the terms of the deal to be “fair and reasonable.”
According to court documents, Kohl’s will send all customers, who file a valid and timely Claim Form, an equal portion of the settlement fund on a store gift card.
In addition, Kohl’s has also agreed to “enhance and expand programs designed to promote legal compliance including enhanced pricing compliance computer systems and pricing compliance training for employees in the relevant buying office.”
Lead plaintiff Steven Russell filed the Kohl’s class action lawsuit last June after claiming to have made purchases on at least 15 different Kohl’s shopping trips.
Russell alleged that the merchandise he bought was not sold at the “original” price within the three months prior to purchase, which he said was in violation of California law.
Kohl’s denies that it used “fake sale” price comparison, or any other wrongdoings, but agreed to settle to avoid the cost of further litigation.
Those individuals who want to object or be excluded from the Kohl’s settlement must do so by Aug. 9, 2016.
Who’s Eligible
The Kohl’s class action settlement includes all Class Members who, while in the State of California between June 11, 2011 and April 11, 2016, bought one or more items from Kohl’s that was marked at a discount of at least 30 percent off of the “original” or “regular” price.
Potential Award
Kohl’s Gift Card.
Class Members who file a Claim Form will receive a Kohl’s Gift Card with a portion of the $6.15 million Settlement Fund, after Court expenses are paid.
Proof of Purchase
N/A.
While a proof of purchase is not required, Class Members must file a Claim Form to benefit from this settlement.
Claim Form
Claim Form Deadline
08/09/2016
Case Name
Russell v. Kohl’s Department Stores Inc., et al., Case No. 5:15-cv-01143, in the U.S. District Court for the Central District of California
Final Hearing
09/12/2016
UPDATE: On September 12, 2016, the court granted the Kohl’s Fake Sale settlement final approval. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On October 11, 2016, an appeal to the Kohl’s settlement was filed. Claims will not be paid until all appeals are exhausted. We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.
UPDATE 3: The appeals to theKohl’s Fake Sale Class Action Settlement were resolved on March 5, 2019. It is not known how quickly claims will be paid. Top Class Actions will let our viewers know as soon as we learn payment is in the mail.
UPDATE 4: On Nov. 6, 2019, Top Class Actions viewers started receiving gift cards in the mail from the Kohl’s settlement worth $10. Congratulations to everyone who filed a valid claim and got PAID!
Settlement Website
Claims Administrator
Russell v. Kohl’s Department Stores, Inc.
Claims Administrator
P.O. Box 30218
College Station, TX 77842-3218
1-844-851-4589
Class Counsel
Douglas Caiafa
DOUGLAS CAIAFA, A PROFESSIONAL LAW CORPORATION
Christopher J. Morosoff
LAW OFFICE of CHRISTOPHER J. MOROSOFF
Defense Counsel
James F. Speyer
E. Alex Beroukhim
Ryan Light
ARNOLD & PORTER LLP
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163 thoughts onKohl’s Fake Sale Class Action Settlement
I was another who never received a single gift card and my wife and I both were avid kohls shoppers between those dates, what a bummer. Justice was not served
Utterly SHOCKED, I had to come right here and leave a note in case anyone is still checking on this settlement. I actually heard from KCC today (Tuesday, June 22, 2021) via email. I am one of the many who never received the gift card. KCC ignored their own claim form where I had checked the box indicating that I wanted the card mailed (USPS) to me. Instead, according to them, they emailed it (in November 2019) to the email address on my claim form from 2016. By November 2019, however, I had a different email address, but I still had the same mailing address so there shouldn’t have been a problem. KCC just screwed up and still won’t admit it or apologize for it. In all, I followed up on my claim six times (6 emails) in early 2020. I received a reply to my first two emails (from two different people) and no reply to my subsequent four emails. I never received the gift card. Now, today, I hear from “Settlement Administrator” in an email with no salutation (Dear Ms.), no signature (no individual’s name anywhere), no apology for the initial mistake KCC made, no apology for the repeated lack of response, no apology for the delay. Just a thank you for contacting their office, and a request that I confirm my current contact info. The email also says, “We are still processing these reissues and expect to resend these gift certificates soon.” So, how soon is soon? I should have received the gift card 19 months ago! Adding insult to injury, the unnamed KCC sender tacked his or her email on top of the chain of MY six emails (and the two KCC replies) from 2020. I got an unexpected walk down memory lane of my futile attempts to communicate with this people. Well, I responded promptly with my current contact info, but I’m not holding my breath. If you’re reading this and would like to know if I ever get the damn card, please post a comment and I will happily post an update.
Did you ever get the gift card?
I received a $10 gift card via USPS on 5/19/20 – 3 years and 10 months after filing a claim.