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This settlement is closed!
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Wal-Mart Stores Inc. has agreed to settle a class action lawsuit alleging it discriminated against employees who were married to a spouse of the same sex by not allowing the spouse to enroll in a Walmart-sponsored health insurance plan.
If you were a Walmart or Sam’s Club associate and had a same-sex spouse at any time during the period of Jan. 1, 2011 and Dec. 31, 2013, you may be entitled to benefits from the Walmart class action settlement.
The Walmart class action lawsuit was initially filed in July 2015 by plaintiff Jacqueline A. Cote. She accused the retail giant of discriminating against her based on her sexual orientation by denying health insurance coverage to her same-sex spouse before the company changed its policy on Jan. 1, 2014.
By filing the Walmart class action lawsuit, Cote sought to represent herself and a Class of other Walmart or Sam’s Club associates who were denied the opportunity to enroll their same-sex spouses in a Walmart-sponsored health insurance plan before the Jan. 1, 2014 policy change.
Walmart denies any wrongdoing but agreed to settle the same-sex spouse benefits class action lawsuit to avoid the burden and expense of trial. Walmart will pay $7.5 million to resolve the litigation.
In addition to providing compensation to eligible Class Members, Walmart has also agreed to continue to treat same-sex spouses and opposite-sex spouses equally when offering health insurance benefits as long as doing so is consistent with the applicable law.
Class Members who would like to object to or exclude themselves from the Walmart same-sex spouse benefits settlement must do so no later than Mar. 20, 2017.
Who’s Eligible
Class Members of the Walmart settlement include current and former Walmart and Sam’s Club associates who:
- Worked at Walmart or Sam’s Club between Jan. 1, 2011 and Dec. 31, 2013;
- Were legally married to a same-sex spouse during that same period; and
- Would have been eligible for spousal health insurance benefits from Walmart or Sam’s Club but for the limitation on providing spousal health insurance benefits to same-sex spouses.
Potential Award
Varies.
Class Members may elect to file either a Short Form Claim or a Long Form Claim.
Short Form Claim: Class Members who file a Short Form Claim will receive a proportionate share of the settlement fund based on the number of months they would have been eligible for spousal health insurance benefits between Jan. 1, 2011 and Dec. 31, 2013. The pro rata share will be based on the amount remaining after it is determined how much of the settlement fund will be distributed to those who filed Long Form Claims. The maximum amount Class Members who file Short Form Claims can receive is $5,000 per year, up to $15,000 for the three years included in the Class Period.
Long Form Claim: Class Members who file a Long Form Claim must submit documentation to show either (1) out-of-pocket health care costs that your same-sex spouse incurred during the Class Period when he or she did not have health insurance, or (2) the cost of purchasing a health insurance policy for your same sex spouse during the Class Period. These costs may be fully reimbursed or, if the amount of approved Long Form Claims exceeds $3.5 million, they may be reduced proportionally.
Proof of Purchase
None required. Class Members who submit a Long Form Claim must provide documentation of the same-sex spouse’s out-of-pocket health care costs or the costs of purchasing a health insurance policy for the same-sex spouse during the Class Period.
Claim Form
Claim Form Deadline
3/20/2017 for claimants filing a Short Form Claim
4/18/2017 for claimants filing a Long Form Claim
Case Name
Cote v. Wal-Mart Stores Inc., Case No. 1:15-cv-12945-WGY, in the U.S. District Court for the District of Massachusetts
Final Hearing
5/11/2017
UPDATE: On May 16, 2017, the court granted final approval to the Walmart Same-Sex Spouse Benefits settlement. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
www.WalmartSameSexSpouseBenefitsSettlement.com
Claims Administrator
Cote v. Wal-Mart Stores Inc. Claims Administrator
c/o Kurtzman Carson Consultants
P.O. Box 43415
Providence, RI 02940-3415
Phone: 1-877-241-7543
Fax: 1-877-839-2878
Email: WalmartSameSexSpouseBenefitsSettlement@kccllc.com
Class Counsel
Peter Romer-Friedman
Juno Turner
Sally Abrahamson
OUTTEN & GOLDEN LLP
Gary Buseck
Allison Wright
GLBTQ LEGAL ADVOCATES & DEFENDERS
Matthew K. Handley
WASHINGTON LAWYERS’ COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS
John A. Freedman
Peter Grossi
Sarah Warlikc
ARNOLD & PORTER LLP
Defense Counsel
Naomi G. Beer
GREENBERG TRAURIG LLP
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415 thoughts onWalmart Same-Sex Spouse Benefits Class Action Settlement
I emailed outten and golden with no reply the email address above is no good i called the claim administrators office there is no date for release of funds so i would like to know where everyone is getting their information from please so i can get up to date information as well please
Try to google cote v. Walmart
Docket #73 Memorandum of Law in Support Of Plaintiff’s Motion for Final Approval of Class Action Settlement, Final Approval of Settlement Class, and Approval of Distribution of Settlement Funds; 4-27-17 download the pdf
I tried to email but nothing heard as of the moment
Ok i found and downloaded the Doc but i didnt see the july 15 2017 date could you please point me to that page of the Doc please also has anyone looked at a calendar the 15th is on a Saturday also thank you so much for the help
May 15th when it was approved it has 30 days for appeals then after another 30 day they have to send checks out that makes it july 15
They said it won’t be July 15th when I emailed them I used the sally email in the comments . And she responds within that day.
Email
The below email in the comments that’s where I have been keeping updated from
Its just weird when they said it will be out on the 15 and then suddenly saying they dont have a date anymore wonder why they said that
In the settlement agreement theres not a date of payment however the court still have access to the settlement 6 months from where the notice was out or 30 days after payments are received, im a bit confused but im hoping it’ll be soon because with only 300+ of class members in it it shouldnt take them that long to release payments unless theres an apeal also i hope they atleast update there website just so people would stop calling them, ughh idk
it has passed the time period for a appeal to take place,and that time has passed.
Thats what i thought and usually after the appeal they have 30 days to send checks out which is july 15 to be exact i emailed them a day ago but havent heard anything yet
Did anyone else receive a letter from the claims administration asking to verify your claim? I sent my claim form in March 2017, but I never responded to the letter for verification. I totally forgot to call them back. I am wondering if I am still in the class action lawsuite if I did not respond back
any updates.thank for your response back.
Haven’t heard a thing the email is below to ask the lawyer
Anyon heard anything?
Go ask them if you want to hear anything theres email down the comments
Your beyond rude ! I didn’t specifically ask you so stfu
You think just you asking here someone will go ask and call them for you? Im not being rude i just telling you to do it yourself and hear something from them directly, sorry if youre offended
Lol kyu was right tho stop asking here and ask them yourself
i have been trying to talk with someone n admin office,volume has been extremely high all day.i wonder why?have anyone else tried to reach them today?
Why you guys always asking the amount? If you filed long claim its x3 means if you payed out of pocket before multiply it by 3! If its short claim the minimum is 16k and max is 27k so it depends on how long did you work! If you worked a year and a half payment is in between 16k and 27k.Theyre not gonna say any numbers because people will start bugging them like you guys are doing right now, its confidential. Now try to wait till 15th of july since thats when they said checks will be out! Just have patience! Do the math if you want to know as easy as that smh
Kyu Nam,
when I would read your comments,i use to think you were so rude,but all you were saying was patience is the key that unlocks the door.so thanks for your comments.
Do the checks from the lawyers office or the claims admin ? Who should I contact for that question
I called to inquire Friday,as to when checks are going to be mailed,i was told they didn’t have a date yet,does anyone has any update as for the amount and date?thanks inadvance for your response back.
You have to email the lawyers office they were great they said July 15 for checks. But had no amount
Here who I emailed she was super nice said checks should go July 15th email her and see what she says it might depend on what form you filed
sabrahamson@outten.com
any updates today?
I called claims admin they didn’t have a date so idk
They said today they are not going out the 15th now. Some claims are taking longer
do anyone know what the payments amount going to be yet?
If you truly worked at walmart with a samesex marriage during 2011 to 2013 and you filed a claim theres nothing to worry about, it will go thru also they didnt ask for you to send any marriage license or any paystubs because it says on the website short claim filers proof are N/A instead they asked your ssn and dates to make sure you work during those dates also they asked if when did you got married with your same sex spouse and if youre still together. You would only need to send proofs if you files a long claimed form, regarding the payment since 300+ out of 1200 people who was noticed filed a claim that makes the payment a lot bigger Usually this kind of settlement will let you know if youre denied they will send a letter stating that youre denied and if you dont agree they will ask you to send them back a letter and thats when you will have to send them a proof that you belong to this class settlement or will atleast email you if you provided your email on the claim form.
Hope this helps! As long as you havent heard anything from them that youre denied dont worry about it, they can verify it with your ssn walmart have records of there employees
A this is not true due to proof
…*CASEFIRST* 2
2. Personal Information (please print) (Note: Your personal information will be kept confidential by the parties and the Claims Administrator
and used only for processing your payment and reporting tax information.)
Your name while a Walmart or Sam’s Club associate (if different)
Current Email Address
Last 4 Digits of Social Security No. Walmart Benefits ID Number (if known)
3. Class Membership
a. Did you work at Walmart or Sam’s Club between January 1, 2011 and December 31, 2013?
(please fill in the circle) Yes No
If yes, please provide the approximate dates and location of your employment at Walmart or Sam’s Club during that time period:
to
Date employment began Date employment ended
Location(s) where you worked (if more than one location, please include an attachment and list all others):
Address
City State Zip Code
b. Were you married to a same-sex spouse at any point in time between January 1, 2011 and December 31, 2013?
(please fill in the circle) Yes No
Name of Spouse
If yes, please provide the dates of your marriage to your same-sex spouse:
to
Date of marriage End date of marriage (if still married write today’s date or “Present”)
4. No Assignment of Claims
By signing below, I verify that I have not assigned any of the claims described above.
5. Medical Liens
By signing below, I verify that I am not subject to any medical liens arising out of any claims that are the subject of this Settlement.
(If you are subject to any medical liens, please contact the Claims Administrator).
6. Authorization to Disclose Protected Health Information
By signing below, I provide my authorization to the Claims Administrator, Class Counsel, and Walmart’s counsel to receive the information
requested by this Claim Form, including any information that may be protected health information. Any personal information that I provide
through this Claim Form shall be treated as confidential and shall be handled pursuant to the protective order approved by the Court in this case.
7. Signature
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
Signature: Dated:
Print Name:
SEND TO THE CLAIMS ADMINISTRATOR AT:
Cote v. Wal-Mart Stores, Inc. Claims Administrator
P.O. Box 43415
Providence, RI 02940-3415
Fax: 1-877-839-2878
Email: WalmartSameSexSpouseBenefitsSettlement@kccllc.com
THIS FORM MUST BE MAILED BY U.S. FIRST CLASS MAIL, POSTMARKED OR RECEIVED
BY FAX, EMAIL OR FILED ELECTRONICALLY NO LATER THAN:
March 20, 2017.
KEEP A COPY OF THIS FORM FOR YOUR RECORDS. YOU MAY WISH TO REQUEST A RETURN RECEIPT FROM THE POST OFFICE
You know you can always call them regarding this if your not sure your claim went thru if they emailed you there number was in it or if you received a letter
Theres a final settlement funds online its a copy of final payments documents try to search cote v. Walmart final settlement funds
Thanks for that , I did contact them she explained the amounts but couldn’t give an amount said they are going to figure amounts out by the end of the month. Also couldn’t give me a yes you are approved or not answer
what did she say about the amounts?also read the settlement agreement,which is found under court documents.you all read it for yourself,you will see that it going to be a big pay out.with only 326 total class members.i don’t see why wouldn’t everyone recvd a payment,look what the lawyers getting.it takes us in order for them to be paid,i am thankful for them working hard in our behalf.good luck.
Johnny 17 people filed for a long claimed form while 309 filed for short claim the short claim filers can received minimun of 16,000 and the max is 27,000 depends how long did they work within the timeline that was given to them between Kyu
Wow how did you get this info? I thought the min for short form was 15,000? They said checks will go out the 15th of July so hopefully they will
kyu,
everything you said is on point.reading is knowledge,and knowledge is power.the amount increased due to claims filed,which was 309 like you said.everyone that filed good luck.
Where was this ? Posted I didn’t see it. Also once I answered there questions does that mean my claim has been processed and I’ll receive my check ? They couldn’t tell amounts yet ?
I’m wondering this as well. I confirmed all the information and offered to send marriage certificate, and old work stubs amongst other proof but they said it wasn’t necessary at that time. I haven’t heard back as to the amount or if my claim was verified
Im waiting on paperwork i guess ive not heard anything can someone tell me who to contact please
I was told they are expecting checks to be mailed in july.
Has anyone received any further information regarding settlement funds?
I recvd a letter stating I need to provide more info.i ask when can we start to see payments,she told me sometime in july,i will believe that when I see it.
What information do they need? I got a letter as well but can’t call because my phone is being worked on, I won’t have it back for a few days. Thanks
I got ahold of them just had to verify dates, location, provide ssn. I asked how much would be received but they didn’t have an answer
I emailed them
As well said they have my info and can see payment within 45-60 days. I asked how much nobody answered
Emailed them
Checks go out 7/15/17!
UPDATE: On May 16, 2017, the court granted final approval to the Walmart Same-Sex Spouse Benefits settlement. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
NAVY,
thank you for that update, good to here a date in place,if you read the settlement agreement,it read like it is going to be a big pay out.i wonder how many people filed.