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A settlement has been reached in a class action lawsuit alleging gift cards included in FabFitFun seasonal boxes included an expiration date that violates certain state and federal gift card laws.
If you received a gift card from FabFitFun or any of its vendors and the expiration date was earlier than allowed by law, you may be entitled to benefits from the FabFitFun class action settlement.
FabFitFun is a corporation that offers a subscription to seasonal “boxes” which are sent quarterly and contain a variety of products and services from the beauty, fashion, fitness, health and wellness industries. The company partners with different vendors to offer discounted items and services to FabFitFun box subscribers.
Plaintiff Julia Byerson filed the gift card expiration date class action lawsuit against FabFitFun and its vendors Marrithew International Inc., Zumba Fitness LLC, Physique 57 Inc. and Reeds Jewelers Inc. in October 2016. She claims the defendants issue gift cards and gift certificates that have short expiration dates that are illegal under the laws of many states.
“As a result, many consumers are left with gift cards that are valueless to them,” the FabFitFun class action lawsuit alleges. “Consequently, FabFitFun and its retail partners reap a substantial windfall from the sale and issuance of gift cards that are not used prior to the short-dated expiration, which is precisely the type of harmful conduct that state legislatures intended to prohibit by enacting legislation regulating the use of expiration dates on gift cards.”
The defendants deny the allegations but agreed to settle the FabFitFun class action lawsuit to avoid the burden and expense of ongoing litigation.
Under the terms of the proposed FabFitFun class action settlement, the defendants will make available to Class Members gift cards that are identical to those distributed by the vendors, except that these gift cards will not have an expiration date.
The FabFitFun class action settlement was preliminarily approved on April 11, 2017.
Who’s Eligible
Class Members include anyone who, between Jan. 1, 2013 and April 11, 2017, received a gift card through FabFitFun or any of its vendors, and the gift card had an expiration date that was earlier than the expiration period required under applicable federal and state gift card laws.
Potential Award
A gift card identical to the gift card that was originally distributed by the vendor, except the settlement gift cards will have no expiration date.
Proof of Purchase
Claimants must provide the email address they used to register with FabFitFun and indicate which gift card(s) they received.
Claim Form
Claim Form Deadline
10/6/2017
Case Name
Byerson v. FabFitFun Inc., et al., Case No. 2016-CH-13306, in the Cook County, Illinois Circuit Court
Final Hearing
10/27/2017
Settlement Website
www.BoxGiftCardSettlement.com
Claims Administrator
Gift Card Settlement Claims Administrator
c/o Kurtzman Carson Consultants LLC
360 N. La Cienega Blvd., Floor 3
West Hollywood, CA 90048
(773) 969-6160
claims@BoxGiftCardSettlement.com
Class Counsel
Klint L. Bruno
Michael L. Silverman
THE BRUNO FIRM LLC
Defense Counsel
David S. Almeida
BENESCH FRIEDLANDER COPLAN & ARONOFF LLP
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