Ashley Milano  |  December 7, 2016

Category: Closed Class Actions

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A class action settlement has been reached between retailers Hollister Co. and Abercrombie & Fitch and a group of consumers who allege they were cheated out of the promotional gift cards issued to them.

As part of their 2009 and 2010 promotions, Hollister and Abercrombie issued $25 promotional gift cards to customers who made a purchase of $75 or more.

The gift cards stated “No expiration date,” yet the companies allegedly voided them on Jan. 30, 2010 by eliminating all remaining credit on the gift cards. As a result, many consumers were unable to use some or all of the credit on the Hollister gift cards.

Plaintiff Vincent Daniels filed a class action lawsuit against the retailers alleging breach of contract for failing to honor the terms of the promotional gift cards.

Under the terms of the settlement, within five business days after the settlement’s effective date, 70 percent of the original remaining value on the promotional gift cards will be restored and the cards will be redeemable at any store of the brand that issued the card.

In the case of Gilly Hicks, gift cards can be used at Hollister stores for six months after the settlement’s effective date.

The settlement also provides that the plaintiffs may apply for incentive payments of up to $5,000 for each plaintiff, subject to court approval.

The defendants have also agreed to pay settlement notice costs in an amount not to exceed $20,000 and $450,000 to plaintiffs’ counsel.

Hollister and Abercrombie deny allegations that they breached contracts with the people who possessed these promotional gift cards and did not use them before they were voided but have opted to settle the case.

Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Feb. 1, 2017.

Who’s Eligible

You are included in the settlement if you “possess, or were issued, promotional gift cards in hard copy issued by Hollister Co., Gilly Hicks, Abercrombie & Fitch, or abercrombie kids that: (a) were distributed to customers who made qualifying purchases of merchandise as part of promotions conducted in 2009 and 2010; (b) contained language stating that the cards do not expire, or words to that effect; and (c) had an unused balance when voided.”

Potential Award

Varies.

The settlement provides that 70 percent of the original remaining value on the promotional gift cards will be restored.

Proof of Purchase

N/A

Claim Form

N/A. Class Members do not have to submit a Claim Form to receive benefits from this class action settlement. Those individuals who wish to object to the settlement must do so by contacting the settlement administrator no later than Feb. 1, 2017.

Exclusion Deadline

2/1/2017

Case Name

Daniels, et al. v Hollister Co. and Abercrombie & Fitch Stores Inc., Case No. OCN-L-2310-12, in the Superior Court of New Jersey, Ocean County, Law Division

Final Hearing

3/3/2017

Settlement Website
Claims Administrator

DiTommaso-Lubin, P.C.
17W220 22nd St., Suite 410
Oakbrook Terrace, IL 60181
630-296-7727
Email: info@HollisterClassAction.com

Class Counsel

James Shedden
SHEDDEN LAW

Vincent L. DiTommaso
DITOMMASO LUBIN PC

Defense Counsel

David Cupps
SENIOR VICE PRESIDENT AND SENIOR COUNSEL FOR
ABERCROMBIE & FITCH, HOLLISTER CO. AND ABERCROMBIE & FITCH STORES INC.

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31 thoughts onHollister, Abercrombie & Fitch Promotional Gift Card Settlement

  1. chelci says:

    did anyone get a check yet for this settlement?

  2. Humpty says:

    I dont understand how can I judge approve such a lousy settlement, First of all only 70% back and then no recourse for those who dont have their original gift card, what a scam

  3. Noonie says:

    I threw mine away too…where do we file a claim?

  4. jesse W johnson says:

    Oh i have spent thousands at holister.

  5. Linda Davis says:

    Sign me up. I bought hundreds of dollars of clothes for my daughter and grandson.

  6. Christian Apkaw says:

    Discarded mine because the store said it was expired.

  7. Johniemae says:

    I cut mine up

  8. Link says:

    People, it clearly reads you are included in the class if you “possess OR WERE ISSUED” one of the shady cards, so if you threw it away (which most of us did!) you’re still eligible and should be included! They’ll issue you another physical card worth 70% of whatever your balance should have been when you “got screwed” ;-) And if you can’t remember your balance, they’ll either have you guesstimate OR ask your bank to help you locate the applicable transactions OR they could request that the merchant/defendant attempt to locate your applicable transactions in their financial records…but those latter two ideas obviously wouldn’t work if #1. you’d paid with cash, AND #2. you’d never given a name in relation to the gift card. So if items #1 & #2 (that I just mentioned) describe your particular experience, I’d advise you to seek counsel from class counsel LOL…in closing though let us not forget my personal favorite part of the whole thing: “The settlement also provides that the plaintiffs may apply for incentive payments of up to $5,000 for each plaintiff, subject to court approval.”

  9. JIMBO says:

    I THREW THE CARD AWAY WITH $100.00 ON IT AFTER THEY TOLD ME IT WAS WORTH ANYTHING. I JUST CHALKED IT UP TO BEING SCREWED.

  10. Stephanie says:

    This is a joke. Who keeps a gift card that they can’t use?

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