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Top Class Actions readers are beginning to receive settlement checks in the mail related to five different settlements, including Vizio, Gap and Hot Topic.

Vizio Smart TV Class Action Settlement 

Consumers have reported to Top Class Actions that they have received settlement checks of up to $104.97 from the Vizio Smart TV class action settlement.

Vizio agreed to settle this case for $17 million which was related to claims that the company collected, stored and shared the viewing habits of customers without their knowledge and consent.

Vizio customers accused the company of violating the Video Privacy Protection Act and the Electronic Communications Privacy Act.

In numerous class action lawsuits that were subsequently consolidated into one case, the plaintiffs argued that Vizio did not disclose that they were tracking and selling viewing habits to third-parties, which would be used to target advertisements.

Besides the $17 million settlement, Vizio agreed to change its data collection policies by asking customers if they would like to have their TV viewing habits shared with third-parties. In addition, Vizio has agreed to delete the viewing data that it has so far collected.

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Those customers who connected their smart TVs to the internet between Feb. 14, 2014 and Feb. 6, 2017 may have received cash from the $17 million Vizio settlement. Customer had until April 29, 2019 to file a claim in this class action settlement.

The Vizio Smart TV class action settlement estimates that there were about 16 million Class Members. In addition, Class Counsel will be collecting $5.61 million in attorneys’ fees and a service award will be going to each plaintiff in the amount of $5,000.

Class Counsel for the plaintiffs are Eric H. Gibbs and Andre Mura of Gibbs Law Group LLP and Joseph W. Cotchett and Adam J. Zapala of Cotchett Pitre & McCarthy LLP

The Vizio Smart TV Class Action Lawsuit is In re: Vizio Inc. Consumer Privacy Litigation, Case No. 8:16-ml-02693, in the U.S. District Court for the Central District of California.

XCEL Motor Oil Class Action Settlement

Top Class Actions readers have notified us that are beginning to receive settlement checks in the amount of $6 from a settlement related to claims that the Amalie Oil Company’s XCEL motor oil is obsolete and could harm vehicle engines.

Consumers who purchased the XCEL motor oil at issue in this case from Dec. 1, 2014 through Oct. 11, 2019 will benefit from this settlement.

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The original lawsuit was filed in October 2018 by consumers who claim that the motor oil sold by Amalie was destroying their vehicles engines.

The XCEL motor oil class action lawsuit alleged that the company sells a “base oil” and does not contain the additives which is commonly found in motor oils that protect vehicles. The company has not admitted any wrongdoing but agreed to settle the claims against them due to the cost of ongoing litigation.

Customers in this class action settlement would have been able to collect up to $5 per quart if they had a proof of purchase. These Class Members could have claimed up to four quarts per household. Customers without a proof of purchase were able to collect up to $2 per quart and claim up to three quarts per household.

Class Members would have needed to file a claim in the XCEL motor oil class action settlement by Feb. 12, 2019 and the deadline to accept the class action or be excluded from it was Jan. 8, 2020.

Counsel for the plaintiffs are Harley S. Tropin, Benjamin J. Widlanski, and Robert Neary of Kozyak Tropin & Throckmorton LLP, Allan Kanner and Cynthia St. Amant of Kanner & Whitely LLC and Ryan Casey of the Casey Law Firm LLC.

The XCEL Motor Oil Class Action Lawsuit is Brandon Opalka, et al. v. Amalie Oil Company, Case No. 18-40605-CA-44, in the Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida.

Gap, Banana Republic Factory Store Settlement

Top Class Actions readers are reporting that they have started receiving store vouchers in the amount of $6 from a $3.75 million settlement with Gap and Banana Republic factory stores.

The plaintiffs in this class action settlement claimed that the companies duped consumers with a false reference pricing scheme.

The Gap, Banana Republic class action lawsuit claimed that the retail companies used fake reference prices to sell merchandise in their factory outlet stores.

The plaintiffs argued that items that were sold in the factory outlets were sold at a higher price than a regular retail location. In addition, the plaintiffs alleged that the items were never offered for sale at these prices.

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Customers reportedly thought that they were purchasing items for sale at a discount that was made up. The items would be advertised at a discounted price from the price that would be offered at a regular retail location.

The retailer has not admitted any wrongdoing but has agreed to the $3.75 million settlement as the cost of litigation would have been too high.

The Gap Banana Republic class action settlement states that Class Members would have been able to claim up to $12 in settlement purchase certificates, which can be used at any Gap or Banana Republic outlet store.

Class Members needed a proof of purchase that they bought items between May 24, 2010 and May 10, 2019. Those without proof of purchase could claim one certificate.

Counsel for the plaintiff was Stephen P. DeNittis of Denittis Osefchen,Prince PC, Daniel M. Hattis of Hattis Law PLLC and Todd M. Friedman of The Law Office of Todd M. Friedman PC.

The Gap, Banana Republic Class Action Lawsuit is Andrews, et al. v. The Gap Inc., et al., Docket No. CGC-18-567237, in the Superior Court of the State of California in the County of San Francisco.

Hot Topic Text Ads Class Action Settlement

Top Class Actions readers are reporting that they are receiving up to $14.79 in settlement checks from a $2.9 million settlement with Hot Topic to end claims that the clothing retailer sent advertising texts, even when customers specifically declined to be contacted.

The settlement has benefited individuals who were contacted by Hot Topic via text between Aug. 1, 2012 and July 26, 2019. 

The Hot Topic class action lawsuit was filed in March 2018 by a customer who claimed that the retailer was sending unsolicited texts.

The plaintiff in the Hot Topic class action lawsuit claims that he received a text from the defendant in November 2015, asking her to confirm a subscription to Hot Topic alerts.

The plaintiff said that she never authorized the defendant to send her text messages but did provide her phone number to Hot Topic when she made a purchase.

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The plaintiff claimed that Hot Topic had violated the Telephone Consumer Protection Act (TCPA) which protects consumers from harassing telemarketing. The TCPA prohibits unsolicited text messages, junk faxes, robocalls, and the like.

In order to receive a payout from the settlement, Class Members had to submit a valid claim by Dec. 13, 2019, which is also the deadline for inclusion or exclusion from the settlement. The final approval for the settlement was to be heard on Feb. 7, 2020.

The plaintiff was represented by  David P. Milian and Ruben Conitzer of Carey Rodriguez Milian & Gonya LLP and Robert Ahdoot and Tina Wolfson of Ahdoot & Wolfson PC.

The Hot Topic TCPA Class Action Lawsuit is Soukhaphonh v. Hot Topic Inc., Case No. 2:16-cv-05124, in the U.S. District Court for the Central District of California.

TD Bank Overdraft Fee Class Action Settlement

TCA readers are starting to receive up to $349.23 in settlement checks, stemming from a class action lawsuit filed against TD bank by plaintiffs who were scammed by deceptive overdraft policies.

The settlement, worth $70 million, resolves claims that the bank promulgated numerous deceptive practices in accessing overdraft fees. 

The TD Bank class action lawsuit accused the bank of assessing overdraft fees when there was enough money in the account, assessing an overdraft fee by reordering debit transactions from high to low, assessing overdraft fees without notifying the customer, and assessing overdraft fees on ATM transactions.

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Under the terms of the settlement, $43 million will be paid to certain sets of Class Members and $27 million will be utilized to issue overdraft fee forgiveness for the other Class Members. 

Some customers had to submit a claim form in order to reap the benefits from the settlement. Those customers include the Usury Class, the Regulation E. Class, the TD Available Balance Business Class, and the TD Available Balance Consumer Class.

The deadline to opt out or object to the TD Bank overdraft fee class action settlement was Dec. 4, 2019.

The plaintiffs were represented by E. Adam Webb of Webb Klase & Lemond LLC and Richard D. McCune of McCune Wright & Arevalo LLP.

The TD Bank Overdraft Fee Class Action Lawsuit is In re: TD Bank NA Debit Card Overdraft Fee Litigation, Case No. 6:15-mn-02613, in the U.S. District Court for the District of South Carolina.

Congratulations to our Top Class Actions readers who submitted a valid claim and got PAID! If you missed out, sign up for our free newsletter to receive updates on new class action lawsuits and settlements. You can also check out which class action settlements are still accepting claims in our Open Class Action Settlements section.

Have you received settlement checks from any of these class action settlements? Let us know in the comments section below.

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59 thoughts onVizio, Hot Topic, Gap Settlement Checks In The Mail

  1. Deniece Chin says:

    Still waiting, too. Received Confirmation Code in Dec 2019 but nothing since.

  2. Dorothy Lindsey says:

    Am still waiting for my payment,

  3. Melvin Hildreth III says:

    Still waiting!

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.