Andrews et al. v. The Gap, Inc. et al.

Docket No.: CGC-18-567237

Superior Court of the State of California in the County of San Francisco

Frequently Asked Questions


BACKGROUND INFORMATION

1.

You received a notice because a Settlement has been reached in this Action. According to Gap’s records you might be a member of the Settlement Class and may be eligible for the relief detailed below.

The Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information including a copy of the Settlement (which defines certain capitalized terms used in the Notice), Claim Form and Certain Court Documents, please visit the Important Documents page of this website .

2.

Plaintiffs Carmen Andrews, Laurie Munning, Michael Pallagrosi and Caron Coladonato (the “Named Plaintiffs”) filed a lawsuit against Gap on behalf of themselves and all others similarly situated. The lawsuit alleges that Gap engaged in deceptive advertising by advertising false reference prices on merchandise in-store and online at Gap Outlets, Gap Factory Stores and Banana Republic Factory Stores in the United States.

Gap denies each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. Gap further denies that any Class Member is entitled to any relief and, other than for settlement purposes, that this Action is appropriate for certification as a class action.

The issuance of the Notice is not an expression of the Court’s opinion on the merits, or lack thereof, of the Named Plaintiffs’ claims in the Action.

3.

In a class action lawsuit, one or more people called “Named Plaintiff(s)” (in this Action, Carmen Andrews, Laurie Munning, Michael Pallagrosi and Caron Coladonato) sue on behalf of other people who allegedly have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Class Members. The companies sued in this case, The Gap, Inc., Gap (Apparel) LLC, Gap International Sales, Inc., Banana Republic LLC, and Banana Republic (Apparel) LLC, are called the Defendants.

4.

The Named Plaintiffs have made claims against Gap. Gap denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Named Plaintiffs or Gap should win this Action. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the Class Members will receive relief now rather than years from now, if at all.

5.

The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement:

All individuals who, between May 24, 2010 and May 10, 2019, the date of entry of the Preliminary Approval Order, purchased an item in-store or online from any Gap Outlet, Gap Factory Store, or Banana Republic Factory Store in the United States.

6.

If you are still not sure whether you are included, you can write the Claims Administrator for free help. The email address of the Claims Administrator is Info@GFPricingClassSettlement.com and the U.S. postal (mailing) address is GF Pricing Settlement Administrator, PO Box 60247, 1500 John F. Kennedy Blvd., Suite. 31, Philadelphia, PA 19102.

THE PROPOSED SETTLEMENT

7.

Gap has agreed to provide Class Members with a Settlement Purchase Certificate or Settlement Purchase Certificates good for purchase in a Gap Factory store. The number and amount of Settlement Purchase Certificate(s) available to each Class Member depends on the total of the Class Member’s Qualifying Purchases made between May 24, 2010 and May 10, 2019.

A Class Member who submits a timely and sufficient Claim Form (“Authorized Claimant”) shall be able to identify the form of Settlement Purchase Certificate he or she wishes to receive on the Claim Form.

  • A Tier 1 Authorized Claimant is one who does not submit proof of Qualifying Purchase(s), or submits proof of Qualifying Purchase(s) that are less than $90.00, with his or her timely and valid Claim Form. To each Tier 1 Authorized Claimant, Gap shall issue one (1) Settlement Purchase Certificate for $6 for any purchase or off any purchase (no minimum purchase required).
  • Tier 2 Authorized Claimants: A Tier 2 Authorized Claimant is one who has Qualifying Purchase(s) during the Class Period totaling $90.00 or more and submits proof of such purchase(s) with their timely and valid Claim Form. To each Tier 2 Authorized Claimant, Gap shall issue two (2) Settlement Purchase Certificates for a total value of $12 for any purchase or off any purchase (no minimum purchase required).

Settlement Purchase Certificates are single-use vouchers usable for the purchase of merchandise and will be valid for 1 year. No more than two of the Settlement Purchase Certificates can be used on a single transaction. The Settlement Purchase Certificates may be used on items that are on sale or otherwise discounted. The Settlement Purchase Certificates shall not be redeemable for cash, may not be used to purchase gift cards, will not be replaced if lost, stolen or damaged, and if there is any balance left after the single permitted use, the balance will be forfeited. The Settlement Purchase Certificates are transferable

HOW TO REQUEST A PURCHASE CERTIFICATE– SUBMITTING A CLAIM FORM

8.

In order to receive a Purchase Certificate, you must submit a completed Claim Form. You may file a claim online by clicking HERE or you may download a Claim Form by clicking HERE. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by January 6, 2020 or submit it online on or before 11:59 p.m. (Pacific) on January 6, 2020.

9.

As described in and , the Court will hold a hearing on October 11, 2019 at 9:30 a.m., to decide whether to approve the Settlement. You can continue to monitor the progress of the case on this website.

Provided the Court Approves the Settlement Purchase Certificates shall be distributed on or about March 6, 2020.

THE LAWYERS IN THIS CASE AND THE REPRESENTATIVE PLAINTIFFS

10.

The Court has ordered that the law firm of DeNittis Osefchen Prince, P.C., the Law Office of Todd M. Friedman, P.C. and the Law Office of Daniel Hattis (“Class Counsel”) will represent the interests of all Class Members. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

11.

Gap has agreed to pay Class Counsel’s attorneys’ fees and costs up to $2,970,000 subject to approval by the Court. You will not be required to pay any attorneys’ fees or costs. Please see Section 2.4 of the Settlement Agreement, available HERE for additional details.

12.

The Named Plaintiffs will request a service award of up to $2,500 each for their services as class representatives and their efforts in bringing the Action. The Court will make the final decision as to the amount to be paid to the class representatives, and the amount awarded will not reduce the benefits available to you under the Settlement.

DISMISSAL OF ACTION AND RELEASE OF ALL CLAIMS

13.

If the Court approves the proposed Settlement, you will be releasing your claims against Gap unless you exclude yourself from the Settlement. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against Gap regarding the claims in the Action. The Settlement, available by clicking HERE, contains the full terms of the release.

HOW TO EXCLUDE YOURSELF FROM THE SETTLEMENT

14.

You may exclude yourself from the Class and the Settlement. If you want to be excluded, you must send a signed letter, email, facsimile or postcard stating: (a) the name and case number of the Action; (b) the full name, address, and telephone number of the person requesting exclusion; and (c) a statement that he/she does not wish to participate in the Settlement, postmarked no later than September 23, 2019 to the Settlement Administrator at:

Class Action Opt-Outs
ATTN: GF Pricing Settlement
PO BOX 58220
1500 John F Kennedy Blvd
Suite C31
Philadelphia, PA 19102

You must timely request exclusion from the Class to be excluded and not receive a Settlement Purchase Certificate under the Settlement, you will not be bound by the judgment entered in the Action, and you will not be precluded from prosecuting any timely, individual claim against Gap based on the conduct complained of in the Action.

HOW TO OBJECT TO THE SETTLEMENT

15.

At the date, time, and location stated in below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider Class Counsel’s request for an award of attorneys’ fees and costs, and service awards to the Named Plaintiffs.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must file a written objection with the Court and serve such objection on Class Counsel and Gap’s Counsel at the addresses set forth below no later than (i.e., postmarked by) September 23, 2019.

COURT CLASS COUNSEL DEFENSE COUNSEL
Clerk of the Court
Superior Court State of California
County of San Francisco,
400 McAllister St.
San Francisco CA 94102
Stephen P. DeNittis
DeNittis Osefchen Prince, PC
5 Greentree Centre
525 Route 73 North, Suite 410
Marlton, NJ 08053
Joseph Duffy, Esq.
Morgan, Lewis & Bockius LLP
300 South Grand Avenue
22nd Floor
Los Angeles, CA 90071

Any written objections should contain: (1) the name and case number of the Action; (2) your full name, address, and telephone number; (3) the words “Notice of Objection” or “Formal Objection”; (4) in clear and concise terms, the legal and factual arguments supporting the objection; (5) facts supporting your status as a Class Member (e.g., either any unique identifier included by the Settlement Administrator in your notice, or the date and location of your relevant purchases); (6) your signature and the date; and (7) the following language immediately above the your signature and date: “I declare under penalty of perjury under the laws of the State of California that the foregoing statements regarding class membership are true and correct to the best of my knowledge.” You may, but need not, submit your objection through counsel of your choice. If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs.

Class Members have the option to appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of the Settlement, the award of attorneys’ fees and costs, or the proposed incentive awards to the Class Representatives. However, Class Members (with or without their attorneys) intending to make an appearance at the Fairness Hearing must so inform the Parties and the Court on or before September 23, 2019 by providing a “Notice of Intention to Appear” to the Court, Class Counsel, and Defendant’s Counsel. Addresses listed above.

16.

Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

FAIRNESS HEARING

17.

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. You may attend, but you do not have to. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for service awards to the Named Plaintiffs. Class Counsel will file with the Court their motions for final approval of the Settlement no later than September 26, 2019 and for an award of attorneys’ fees and costs and Class Representatives’ service payments no later than September 6, 2019.

18.

On October 11, 2019 at 9:30 a.m. (PST), a hearing will be held on the fairness of the proposed Settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement’s fairness. The hearing will take place before the Honorable Richard B. Ulmer Jr., J.S.C. in Department 302 of the Superior Court of the State of California for the County of San Francisco, located at 400 McAllister St., San Francisco CA 94102. The hearing may be postponed to a different date or time or location without notice. Please check this website for any updates about the Settlement generally or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to the Settlement website will be the only way you will be informed of the change.

19.

At the Fairness Hearing, the Court will hear any objections and arguments concerning the fairness of the Settlement. As described above in , you may speak at the Fairness Hearing only if you have timely and validly provided a Notice of Intention to Appear. If you have requested exclusion from the Settlement, you may not speak at the Fairness Hearing.

ADDITIONAL INFORMATION

20.

To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, and the operative complaint filed in the Action, please visit the Important Documents page of this website. Alternatively, you may contact the Settlement Administrator at the email address Info@GFPricingClassSettlement.com or the U.S. postal (mailing) address: GF Pricing Settlement Administrator, PO Box 60247, 1500 John F. Kennedy Blvd, Suite 31, Philadelphia, PA 19102.

This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit the Clerk’s office at 400 McAllister Street, San Francisco, CA 94102. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

21.

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the address below:

GF Pricing Settlement Administrator
PO Box 60247
1500 John F. Kennedy Blvd, Suite 31
Philadelphia, PA 19102.
DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE, DEFENDANT, OR DEFENDANT’S COUNSEL.