Sam’s Club to Pay up to $6M Settle Freshness Guarantee Class Action

A settlement has reportedly been reached in a class action lawsuit alleging Sam’s Club failed to live up to its freshness guarantee it promised club members, under which it would provide a 200 percent refund on returned fresh goods, or a full refund and replacement of the returned item.

Last week, U.S. District Judge Bruce Howe Hendricks granted preliminarily approval to the Sam’s Club class action settlement, which could be worth up to $6 million.

Judge Hendricks also certified a national Class of certain consumers who were Sam’s Club members and who returned fresh fruits, vegetables, bakery goods, meats and seafood. The applicable Class Period varies by state, according to the Sam’s Club settlement documents.

Sam’s Club has reportedly agreed to offer at least $3 million worth of cash and gift cards to Class Members, who will receive a minimum of a $10 gift card if they file a timely and valid claim. The gift card amounts will increase on a pro rata basis depending on the total number of claims filed, up to a maximum of $25.

The Sam’s Club class action lawsuit was initially filed in 2014 by plaintiffs Myriam Fejzulai and Monica Moore who accused Sam’s Club of breaching its membership agreement by failing to honor its 200 percent freshness guarantee. Sam’s Club members reportedly pay between $45 and $100 per year to shop at the wholesale club.

Fejzulai and Moore asserted claims for violation of the South Carolina Unfair Trade Practices Act, injunctive and declaratory relief, and breach of contract.

The Sam’s Club class action lawsuit was dismissed last year after Judge Hendricks determined that the plaintiffs could not bring a claim under SCUTPA “to the extent it is brought in a representative capacity.”

A similar Sam’s Club class action lawsuit was filed in 2015 in California federal court by plaintiff Morgan Chikosi. The Sam’s Club defendants deny the allegations in both of the 200 percent freshness guarantee lawsuits, but agreed to participate in mediation.

On Oct. 20, the plaintiffs filed a motion urging the judge to preliminarily approve the proposed class action settlement

The final fairness hearing for the Sam’s Club class action settlement has been scheduled for April 9, 2018.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by T. Christopher Tuck, Terry E. Richardson Jr. and Christopher J. Moore of Richardson Patrick Westbrook & Brickman LLC; William D. Herlong of the Herlong Law Firm LLC and Ali Abtahi of the Abtahi Law Group.

The Sam’s Club Freshness Guarantee Class Action Lawsuit is Myriam Fejzulai, et al. v. Sam’s West Inc., et al., Case No. 6:14-cv-03601-BHH, in the U.S. District Court for the District of South Carolina, Greenville Division.

UPDATE: January 2018, the Sam’s Club freshness guarantee class action settlement is now open. Click here to file a claim.

UPDATE 2: On Aug. 16, 2019, Top Class Actions viewers started receiving checks in the mail from the Sam’s Club freshness guarantee class action settlement worth $136.20! Congratulations to everyone who filed a valid claim and got PAID!