In re Guess Outlet Stores Pricing
Guess Outlet Stores Pricing
JCCP NO. 4883

Frequently Asked Questions

 

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  • You received a Notice because a settlement has been reached in this Action.  According to Guess’s available records, you might be a member of the Settlement Class and may be eligible for the relief detailed below. 

    These FAQs explain the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations.  To obtain more information about the Settlement, including information about how you can see a copy of the Amended Settlement Agreement (which defines certain capitalized terms used in these FAQs), see Section 20 below. 

  • Plaintiffs Versil Milton and Shiloh Borsh (the “Representative Plaintiffs”) filed a lawsuit against Guess on behalf of themselves and all others similarly situated.  The lawsuit alleges that Guess engaged in deceptive advertising by advertising false reference prices on merchandise in Guess Factory stores in California. 

    Guess 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.  Guess 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 this Notice is not an expression of the Court's opinion on the merits or the lack of merits of the Representative Plaintiffs' claims in the Action.

    For information about how to learn about what has happened in the Action to date, please see Section 20 below.

  • In a class action lawsuit, one or more people called “Representative Plaintiff(s)” (in this Action, Versil Milton and Shiloh Borsh) 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, Guess?, Inc., and Guess? Retail, Inc., are called the "Defendants".

  • The Representative Plaintiffs have made claims against Guess.  Guess denies that it has done anything wrong or illegal and admits no liability.  The Court has not decided that the Representative Plaintiffs or Guess 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.

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

    All individuals who, between April 17, 2011 and February 26, 2018, purchased an item from any Guess Factory store in the state of California where a higher reference price was displayed.  Excluded from the Class are Defendants’ Counsel, Defendants’ officers, directors, and employees, and the judge presiding over the Action.

  • If you are not sure whether you are included, you can write the Claims Administrator for free help.  The email address of the Claims Administrator is info@inreguessoutletpricingsettlement.com and the U.S. postal (mailing) address is:

    Guess Outlet Stores Pricing
    c/o JND Legal Administration
    PO Box 91348
    Seattle, WA 98111-9862

  • Guess has agreed to provide Class Members with a Settlement Voucher or Settlement Vouchers good for purchase in a Guess Factory store in California.  The form and amount of Settlement Voucher available to each Class Member depends on the total of the Class Member’s Qualifying Purchases made between April 17, 2011 and February 26, 2018.

    A Class Member who submits a timely and sufficient Claim Form (“Authorized Claimant”) shall be able to identify the form of Settlement Voucher 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 $25, with his or her timely and valid Claim Form.  To each Tier 1 Authorized Claimant, Guess shall issue one (1) Settlement Voucher for $4 off any purchase or $5 off a purchase of $20 or more.
    • Tier 2 Authorized Claimants:  A Tier 2 Authorized Claimant is one who has Qualifying Purchase(s) during the Class Period totaling $25.01–$75 and submits proof of such purchase(s) with their timely and valid Claim Form.  To each Tier 2 Authorized Claimant, Guess shall issue one (1) Settlement Voucher for $8 off any purchase or $10 off a purchase of $35 or more.
    • Tier 3 Authorized Claimants:  A Tier 3 Authorized Claimant is one who has Qualifying Purchase(s) during the Class Period totaling $75.01–$250 and submits proof of such purchase(s) with their timely and valid Claim Form.  To each Tier 3 Authorized Claimant, Guess shall issue one (1) Settlement Voucher for $9 off any purchase or two (2) Settlement Vouchers, each good for $10 off a purchase of $35 or more.
    • Tier 4 Authorized Claimants:  A Tier 4 Authorized Claimant is one who has Qualifying Purchase(s) during the Class Period totaling more than $250.01 and submits proof of such purchase(s) with their timely and valid Claim Form.  To each Tier 4 Authorized Claimant, Guess shall issue one (1) Settlement Voucher for $12 off any purchase or three (3) Settlement Vouchers, each good for $10 off a purchase of $35 or more.
       

    Class Members who receive direct Notice via email or postcard, shall receive one (1) Settlement Voucher for $8 off any purchase, unless such Class Member timely and validly completes a Claim Form and elects different relief.

    Settlement Vouchers are single-use vouchers usable for the purchase of merchandise and will be valid for twelve (12) months.  Up to three (3) of the $4, $8, $9, or $12 Settlement Vouchers are stackable with each other.  The $5 or $10 off Settlement Vouchers (with minimum purchase amounts) are not stackable and may not be combined with any other coupon or promotional offer.  The Settlement Vouchers may be used on items that are on sale or otherwise discounted.  The Settlement Vouchers shall not be redeemable for cash, may not be used to purchase gift cards, and will not be replaced if lost, stolen or damaged.  The Settlement Vouchers are transferable.

  • Benefit vouchers were e-mailed on November 27, 2018 to the e-mail address provided on your Claim Form or mailed to your address on record.  The e-mail voucher was sent from info@inreguessoutletpricingsettlement.com.  If you do not believe you received your e-mail voucher, please contact us at info@inreguessoutletpricingsettlement.com. 

  • Acceptable proof of Qualifying Purchases include [i] receipt(s) clearly showing the date of purchase(s) and the total of the purchase(s), or [ii] transaction data from a credit or debit card clearly showing the date of purchase(s) and the total of the purchase(s). Copies of such documents must be attached to the Claim Form whether submitted electronically or by postal mail.

  • The deadline for submitting a claim form and choosing a Settlement Voucher or Vouchers was June 11, 2018. 

  • The Court has ordered that the law firms of Aiman-Smith & Marcy and Stonebarger Law A.P.C. (“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.

  • Guess has agreed to pay Class Counsel’s attorneys’ fees and costs up to $494,000, subject to approval by the Court.  You will not be required to pay any attorneys’ fees or costs.  Please see Section 2.5 of the Amended Settlement Agreement, available at www.inreguessoutletpricingsettlement.com for additional details.

  • The Representative Plaintiffs will request a service award of up to $2,000 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.

  • If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against Guess.  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 Guess regarding the claims in the Action.  The Amended Settlement Agreement, available on the Internet at the website www.inreguessoutletpricingsettlement.com contains the full terms of the release.

  • The deadline to exclude yourself from the Settlement was June 11, 2018.

  • At the date, time, and location stated in Section 18 below, the Court held 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 Representative Plaintiffs.

    The deadline to object to the fairness, reasonableness, or adequacy of the Amended Settlement Agreement or the proposed Settlement was June 11, 2018.

    Class Members had 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 Amended Settlement Agreement or the proposed Settlement, or to the award of attorneys’ fees.  However, the deadline for Class Members (with or without their attorneys) intending to make an appearance at the Fairness Hearing to inform the Parties and the Court was June 11, 2018.

     

  • 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 a part of the Settlement Class.  If you exclude yourself, you have no basis to object because the Settlement no longer affects you. 

  • The Court held a hearing on August 7, 2018 to decide whether to give final approval to the Settlement.  The purpose of the Fairness Hearing was 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 Representative Plaintiffs.  You had the option to attend, but you did not have to.

  • On August 7, 2018 at 8:30 a.m. Pacific, a hearing was held on the fairness of the proposed Settlement.  At the hearing, the Court was available to hear any objections and arguments concerning the proposed Settlement's fairness.  The hearing took place before the Honorable Elihu M. Berle in Department 6 of the Spring Street Federal Courthouse of the Los Angeles County Superior Court, located at 312 North Spring Street, Los Angeles, CA 90012.  Please check this Settlement website for any updates about the Settlement generally or the Fairness Hearing specifically. 

  • At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.  As described above in Section 15, 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 hearing.

  • To see a copy of the Amended Settlement Agreement, the Court's Preliminary Approval Order, Class Counsel's application for attorneys' fees and costs, and the operative complaint filed in the Action, please visit the Settlement website located at:  www.inreguessoutletpricingsettlement.com.  Alternatively, you may contact the Claims Administrator at the email address info@inreguessoutletpricingsettlement.com or the U.S. postal (mailing) address: 

    Guess Outlet Stores Pricing
    c/o JND Legal Administration
    PO Box 91348
    Seattle, WA 98111-9862

    This description of the 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 600 South Commonwealth Ave, Los Angeles, CA 90005.  The Clerk will tell you how to obtain the file for inspection and copying at your own expense. 

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

    Guess Outlet Stores Pricing
    c/o JND Legal Administration
    PO Box 91348
    Seattle, WA 98111-9862

For More Information

Visit this website often to get the most up-to-date information.

Mail

Guess Outlet Stores Pricing
c/o JND Legal Administration
PO Box 91348
Seattle, WA 98111-9862