Zierold, et al. v. The Bradford Exchange, Ltd.

Final Approval was granted on April 7, 2023




IF YOU WERE CHARGED FOR A REWARDS MEMBERSHIP PROGRAM BY THE BRADFORD EXCHANGE, LTD. OR HAMMACHER, SCHLEMMER & CO., INC. BETWEEN MARCH 14, 2018 AND OCTOBER 7, 2022, YOU MAY BE ENTITLED TO COMPENSATION.


What is the Litigation About?

The Lawsuit alleges that defendants The Bradford Exchange, Ltd. (“Bradford”) and Hammacher, Schlemmer & Co., Inc. (“Hammacher”) (together “Defendants”) enrolled certain California consumers in automatic renewal subscriptions for their Rewards membership programs without first presenting the consumer with all of the automatic renewal offer terms in a clear and conspicuous manner as required by law. The Lawsuit alleges that Defendants have violated the California Automatic Renewal Law, Bus. & Prof. Code § 17600 et seq., and certain other provisions of California consumer-protection law.


How do I know if I am part of the Settlement?

The Lawsuit is brought on behalf of a Class defined as follows:
All California residents who, between March 14, 2018 and October 7, 2022, were both (i) enrolled in either the Bradford Rewards program or the Hammacher Rewards program and (ii) charged at least one membership fee for such program. Excluded from the Class are all employees of Bradford and Hammacher, all employees of Plaintiffs’ counsel, and the judicial officers to whom this case is assigned.


What Does the Settlement Provide?

The monetary consideration to be paid by Defendants is the single principal amount of Four Hundred Seventy-Five Thousand Dollars ($475,000) (the “Settlement Amount”). The Settlement Amount, plus any interest thereon, will be used to pay Class Counsel’s attorneys’ fees and litigation expenses (as approved by the Court), any service payments that the Court may award to Plaintiffs, the expenses of settlement administration (including class notice), and the settlement payments to the Class Members who submit timely and valid Claims. If any funds are remaining by reason of uncashed settlement checks or otherwise, the remaining amount will be paid to one or more cy pres recipients approved by the Court, or as otherwise directed by the Court. In addition to the monetary consideration, the Settlement also includes injunctive relief.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT


FILE A CLAIM BY DECEMBER 30, 2022
To potentially qualify for a monetary payment from the Settlement, potential Class Members must file a Claim.
EXCLUDE YOURSELF FROM THE SETTLEMENT BY DECEMBER 30, 2022
Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator. You may not submit both a Claim Form and a letter requesting to be excluded from this Settlement.
For more detailed information, CLICK HERE.
OBJECT TO THE SETTLEMENT BY DECEMBER 30, 2022
Any Class Member who wishes to object to the Settlement may do so orally or in writing. If you intend to object to the Settlement but also wish to receive your share of the Settlement if it is approved by the Court, you must also submit a timely and valid Claim Form as explained above.
For more detailed information, CLICK HERE.

DO NOTHING
If you do nothing, you will not be a Participating Class Member and you will not qualify to receive a monetary payment, but you will be bound by the release in the Settlement Agreement.