Tween Brands, Justice Store Sale Price Class Action Settlement

A settlement has been reached in a class action lawsuit alleging Tween Brands Inc. violated Ohio law by advertising merchandise as “on sale” that had not been sold continuously at the stated regular price for 28 of the preceding 90 days. If you purchased any product from Tween Brands retail stores, also known as “Justice” stores, in Ohio, you may be eligible for benefits from the sale price class action settlement.

Justice stores sell clothes targeted to “tween” girls between the ages of 10 to 13. The Tween Brands class action lawsuit was filed by a customer who alleges Justice misled consumers with claims that its sales provided shoppers with “40 percent off.” The plaintiff alleges the items were sold at a higher price so infrequently that the 40 percent off price actually reflected the regular price of the items.

According to the Justice class action lawsuit, this practice violates Ohio law, which allows stores to advertise a “sale price” on items only if they were sold at a higher, regular price for at least 28 days in the previous 90 days.

Tween Brands denies that it violated the law, but has agreed to settle the class action lawsuit to avoid the uncertainty, risk and expense of litigation. The Justice sale price class action settlement was preliminarily approved on Jan. 23, 2015.

UPDATE: A separate Justice sale price class action settlement that applies to consumers throughout the United States has been reached. Click here or visit www.JusticeClassAction.com for details.

Who’s Eligible

Class Members of the Justice sale price class action settlement include all Ohio residents who, at any time between July 1, 2012 and Aug. 31, 2014, purchased any product in a Tween Brands retail store located in Ohio.

Potential Award

Varies. 

Class Members who submit receipts substantiating their purchases within the Class Period are eligible to receive a refund of 20 percent of their total purchases, minus any returns.

Class Members without receipts substantiating their purchases may elect to receive either a cash payment of $12 or a coupon for 40 percent off any total purchase at any Ohio Tween Brands retail location.

Proof of Purchase

None required. However, Class Members who submit proof of purchase may be entitled to greater benefits than those without proof of purchase.

When submitting a claim, Class Members must certify under the penalty of perjury that all information on the Claim Form is true and correct to the best of their knowledge.

Claim Form

Claim Form Deadline

6/8/2015

UPDATE: Checks for the Tween Brands Justice store class action settlement were mailed to eligible Class Members on July 13, 2015, according to the Settlement Administrator. Congratulations to everyone who submitted a valid claim and got paid! Tell us how much you received in the comments below.

Case Name

Marian Perez v. Tween Brands Inc., Case No. 14-cv-001119, in the Court of Common Pleas for Lake County, Ohio

Final Hearing

5/8/2015

Settlement Website

www.OhioSalePriceSettlement.com

Claims Administrator

Ohio Sale Price Settlement
c/o GCG
P.O. Box 10144
Dublin, OH 43017-3144

Class Counsel

Patrick J. Perotti
Nicole Fiorelli
DWORKEN & BERNSTEIN CO. LPA

Defense Counsel

Rodger Eckelberry
BAKER & HOSTETLER LLP