Wines ‘Til Sold Out ‘Original Price’ Class Action Settlement

Consumers who made online wine purchases from Wines ’Til Sold Out (WTSO.com) between March 15, 2010 and Nov. 1, 2016, can now benefit from a class action settlement valued at $10.8 million.

Plaintiff Kyle Cannon filed this WTSO class action settlement in March 2016 over allegations that the wine website engaged in a pricing scheme that tricked customers into believing the items were being offered at a discounted price.

In reality, Cannon claims the wines offered on WTSO.com refer to an “original price” that simply never existed. Additionally, the Wine ’Til Sold Out class action states that many of the wines available on the website are made specifically for the defendant to sell and therefore would have no former or original price.

“[T]hese ‘private label’ offerings have no ‘Original Price’ other than what is deceptively depicted by Defendants on the website and, of course, are not available on any other website or in any store so there can be no ‘Best Web Price,’” the Wine ’Til Sold Out class action lawsuit claims.

WTSO denies the allegations but agreed to offer customers credits on future purchases based on the number of wine bottles bought during the Class period, and the price paid for those products. According to settlement documents, the total value of credits available to Class Members is $10.8 million.

By November 2016, Wine ’Til Sold Out changed the term “Original Price” to “Comparable Price” on its website and includes a definition of “Comparable Price” to mean “the price at which the same or a similar wine with the same primary grape varietal and appellation or sub-appellation has been offered for sale to consumers directly by a producing winery or through retailers.”

WTSO customers who want to exclude themselves from the terms of the settlement or object to the offer must do so by Feb. 16, 2018.

UPDATE: On Feb. 26, 2018, a group of state attorneys general say the proposed Wines ‘Til Sold Out class action settlement fails to provide an adequate remedy for Class Members.

Who’s Eligible

Class Members include all U.S. residents who made at least one wine purchase from WTSO.com between March 15, 2010 and Nov. 1, 2016.

Potential Award

Credits vary based on the wine purchased during the Class period:

“1. For every bottle of wine listed on Exhibit A found here purchased during the Class Period for $12.99 or less, the Class Member will receive a credit of $1.75.
2. For every bottle of wine listed on Exhibit A purchased during the Class Period for $13.00-$18.99, the Class Member will receive a credit of $2.00.
3. For every bottle of wine listed on Exhibit A purchased during the Class Period for $19.00 or greater, the Class Member will receive a credit of $2.25.
4. For every bottle of wine listed on Exhibit B found here purchased during the Class Period for $19.99 or less, the Class Member will receive a credit of $0.50.
5. For every bottle of wine listed on Exhibit B purchased during the Class Period for $20.00 or greater, the Class Member will receive a credit of $0.75.
6. For every bottle of wine not listed on Exhibit A or B purchased during the Class Period, the Class Member will receive a credit of $0.20.”

Proof of Purchase

WTSO customers are required to submit a Verification Form which confirms their mailing address. In addition, Class Members must provide information concerning any refunds received on wine purchased during the Class period.

Verification Form

SUBMIT A VERIFICATION FORM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Verification Form Deadline

4/19/2018

Case Name

Cannon, et al. v. Ashburn Corporation d/b/a Wines ‘Til Sold Out, Case No. 1:16-cv-01452-RMB-AMD, in the U.S. District Court for the District of New Jersey

Final Hearing

3/19/2018

UPDATE 2: On April 17, 2018. the judge denied final approval of the Wines ‘Til Sold Out ‘Original Price’ Class Action Settlement. Claims will not be paid unless a revised settlement is presented to the court and approved.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.

Settlement Website

www.WineSettlement.com

Claims Administrator

Cannon v. Ashburn Corporation d/b/a Wines ‘Til Sold Out Class Action Settlement
c/o Kurtzman Carson Consultants
P.O. Box 404041
Louisville, KY 40233-4041
1-866-652-8231
info@WineSettlement.com

Class Counsel

Oren Giskan
GISKAN SOLOTAROFF & ANDERSON LLP

James E. Cecchi
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO

Thomas Rosenthal
LAW OFFICES – THOMAS ROSENTHAL

Edward Hernstadt
HERNSTADT ATLAS PLLC

Defense Counsel

Suzanne Ilene Schiller
MANKO GOLD KATCHER & FOX LLP

James Farrell
LATHAM & WATKINS