Olmedo and Morrow, et al., v. PVH Retail Stores, LLC, et al.

Frequently Asked Questions and Answers Regarding the Olmedo - PVH Settlement

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Questions

Answers

1. Why did I get the Notice?

Answer:

You received the Notice because a Settlement has been reached in this Action.  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 about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in the Notice), see FAQ 20 below. 

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2. What is this lawsuit about?

Answer:

Plaintiffs Miguel Olmedo and Siobhan Morrow (the “Representative Plaintiffs”) filed a lawsuit against PVH Retail on behalf of themselves and all others similarly situated.  The lawsuit alleges that PVH Retail engaged in deceptive advertising by advertising purportedly improper discounts on merchandise sold in its California Tommy Hilfiger Outlet Stores.

PVH Retail 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.  PVH Retail 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 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 FAQ 20 below.

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3. Why is this a class action?

Answer:

In a class action lawsuit, one or more people called “Representative Plaintiff(s)” (in this Action, Miguel Olmedo and Siobhan Morrow) 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 company sued in this case, PVH Retail, is called the Defendant.

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4. Why is there a Settlement?

Answer:

The Representative Plaintiffs have made claims against PVH Retail.  PVH Retail denies that it has done anything wrong or illegal and admits no liability.  The Court has not decided that the Representative Plaintiffs or PVH Retail should win this Action.  Instead, both sides have 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.

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

Answer:

The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement: All persons who, during the Class Period (from April 18, 2014 to October 8, 2019), made a purchase at any California Tommy Hilfiger Outlet Store of one or Tommy Hilfiger branded items at a purported discount from a reference price, which item was not returned by, or on behalf of, the purchaser, or otherwise (a “Qualifying Purchase”).  Excluded from the Class is PVH Retail’s Counsel, PVH Retail’s officers and directors, and the judge presiding over the Action.

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6. I’m still not sure if I am included.

Answer:

If you are still not sure whether you are included, you can contact the Claims Administrator for free help.  The Claims Administrator can be contacted by using the “Contact” section of this website, the U.S. postal (mailing) address of: Olmedo, Morrow v. PVH Retail Stores, LLC Settlement; c/o Claims Administrator; P.O. Box 58215; Philadelphia, PA 19102-8215, or call toll free 1-844-491-5744.

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7. What relief does the Settlement provide to the Class Members?

Answer:

PVH Retail has agreed to provide each Class Member who received direct notice of this Settlement via email and does not timely request exclusion from or object to the Settlement, or who timely and validly completes and submits a Claim Form and proof of Qualifying Purchase during the Class Period, one (1) Merchandise Certificate which, at the election of the holder, may be applied for up to $10.00 toward the purchase of any single item at a California Tommy Hilfiger Outlet Store, or, alternatively, if the total aggregate purchase price of items being purchased in a single transaction is at least $100.00,  may be used for a 25% discount off of the total aggregate price. Class Members will have the ability to claim a second Merchandise Certificate by submitting proof that she or he has made one or more Qualifying Purchases during the Class Period totaling at least $150.01.

Merchandise Certificates will not be stackable with each other (i.e., only one Merchandise Certificate may be used per item purchased) and may not be combined with any other coupon or offer.  Merchandise Certificates may be used on items that are on sale.  Merchandise Certificates shall not be redeemable for cash, and will not be replaced if lost, stolen or damaged.  If a Merchandise Certificate is applied toward the purchase of an item that is priced less than $10.00 (Ten Dollars and No Cents), there will not be any unused balance remaining on the Merchandise Certificate. Merchandise Certificates will be transferable and will have a six-month expiration date. 

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8. How can I get a Merchandise Certificate(s)?

Answer:

If you received direct notice of the Settlement by email notice, you need not do anything to receive one (1) Merchandise Certificate(s). 

To qualify for one (1) Merchandise Certificate if you did not receive direct notice by email, you must send in a Claim Form and proof of Qualifying Purchase.

If you made one or more Qualifying Purchase(s) during the Class Period totaling at least $150.01, you must submit a Claim Form and proof of Qualifying Purchase to receive one (1) additional Merchandise Certificate.   

A Claim Form is available 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 22, 2020 or submit it online on or before 11:59 p.m. (PT) on January 22, 2020.

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9. When will I get my Merchandise Certificate(s)?

Answer:

As described in FAQs 17 and 18, the Court will hold a hearing on February 7, 2020 at 10:30 a.m. PT, to decide whether to approve the Settlement.  If the Court approves the Settlement, there may be appeals.  It’s always uncertain when the appeals will be resolved, and resolving them can take time, perhaps more than a year.  You can check on the progress of the case on this website.  Please be patient.

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10. Do I have a lawyer in this case?

Answer:

The Court has ordered that the law firm of Carlson Lynch LLP (“Class Counsel”) will represent the interests of all Class Members.  You will not be separately charged for these lawyers’ services.  If you want to be represented by your own lawyer, you may hire one at your own expense.  

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11. How will the lawyers be paid?

Answer:

PVH Retail has agreed to pay Class Counsel’s attorneys’ fees and costs up to $650,000, subject to approval by the Court.  You will not be required to pay any attorneys’ fees or costs.  Please see paragraphs 2.4 and 2.5 of the Settlement Agreement, available HERE, for additional details.

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12. Will the Named Plaintiffs receive any compensation for their efforts in bringing this Action?

Answer:

The Named Plaintiffs will request an Individual Settlement Award of up to $5,000 total for their service 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.  

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13. What am I giving up to obtain relief under the Settlement?

Answer:

If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against PVH Retail.  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 PVH Retail regarding the claims in the Action.  The Settlement Agreement, available HERE contains the full terms of the release.

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14. How do I exclude myself from the Settlement?

Answer:

You may exclude yourself from the Class and the Settlement.  If you want to be excluded, you must send a signed letter or postcard stating: (a) the name and case number of the Action; (b) your full name, address, and telephone number; and (c) a statement that you do not wish to participate in the Settlement, postmarked no later than January 22, 2020 to the Claims Administrator at:  Olmedo, Morrow v. PVH Retail Stores, LLC Settlement; c/o Claims Administrator; P.O. Box 58215; Philadelphia, PA 19102-8215.

If you timely request exclusion from the Class, you will be excluded from the Class, you will not receive a Merchandise 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 PVH Retail based on the conduct complained of in the Action.

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15. How do I tell the Court that I disagree with the Settlement?

Answer:

At the date, time, and location stated in FAQ 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to consider Class Counsel’s request for an award of attorneys’ fees and costs, and the Individual Settlement Award 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 deliver copies of the written objection to the Claims Administrator, Class Counsel, and Defendants’ Counsel at the address set forth below no later than (i.e., postmarked by) January 22, 2020:  


CLAIMS ADMINISTRATOR

Olmedo, Morrow v. PVH Retail Stores, LLC Settlement

c/o Claims Administrator

P.O. Box 58215 

Philadelphia, PA 19102-8215


CLASS COUNSEL

 Todd D. Carpenter, Esq.

CARLSON LYNCH LLP

1350 Columbia Street

Suite 603

San Diego, California 92101

 

PVH RETAIL’S COUNSEL

Lary Alan Rappaport, Esq.

PROSKAUR ROSE LLP

2029 Century Park East

Suite 2400

Los Angeles, California 90067


Any written objections must contain: (a) the name and case number of the Action; (b) the Class Member’s full name, address, and telephone number; (c) the words “Notice of Objection” or “Formal Objection;” (d) in clear and concise terms, the legal and factual arguments supporting the objection; (e) facts supporting the person’s status as a Class Member (e.g., the date and location of his/her relevant purchases and description of the item(s) purchased); (f) the Class Member’s signature and the date; and (g) the following language immediately above the Class Member’s 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 attorneys’ fees and costs. 

IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.  

If you submit a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the award of attorneys’ fees.  You are not required, however, to appear.  If you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid objection a statement substantially similar to “Notice of Intent to Appear.”  

If you intend to appear at the Fairness Hearing through counsel, you must also identify the attorney(s) representing you who will appear at the Fairness Hearing and include the attorney(s) name, address, phone number, email address, and the state bar(s) to which your counsel is admitted.  Also, if you intend to request the Court to allow you to call witnesses at the Fairness Hearing, such request must be made in your written objection, which must also contain a list of any such witnesses and a summary of each witness’s expected testimony.

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16. What is the difference between excluding myself and objecting to the Settlement?

Answer:

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.

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17. What is the Fairness Hearing?

Answer:

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement.  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  an Individual Settlement Award to the Representative Plaintiffs.  You may attend, but you do not have to.  

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18. When and where is the Fairness Hearing?

Answer:

On February 7, 2020 at 10:30 a.m. PT, 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 S. Whitney in Courtroom C-68 of the Superior Court of California, County of San Diego, located at 330 West Broadway, San Diego, CA 92101.  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 this website will be the only way you will be informed of the change.

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19. May I speak at the hearing?

Answer:

At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.  As described above in FAQ 15, you may speak at the Fairness Hearing only if (a) you have timely submitted an objection, and (b) you have timely and validly provided a Notice of Intent to Appear.

If you have requested exclusion from the Settlement, you may not speak at the hearing.

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20. How do I get more information?

Answer:

To see a copy of the 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 'Documents' section of this website.

Alternatively, you may contact the Claims Administrator: (a) through the “Contact” section of this website; (b) by mail using the U.S. postal (mailing) address: Olmedo, Morrow v. PVH Retail Stores, LLC Settlement; c/o Claims Administrator; P.O. Box 58215; Philadelphia, PA 19102-8215, or (c) call toll free 1-844-491-5744.

These FAQs are general and do not cover all of the issues and proceedings that have occurred.  In order to see the complete file, you should visit https://roa.sdcourt.ca.gov/roa/ or the Clerk’s office at 330 West Broadway, San Diego, CA 92101.  The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

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21. What if my address or other information has changed or changes after I submit a Claim Form?

Answer:

It is your responsibility to inform the Claims Administrator of your updated information.  You may do so through the “Contact” section of this website or in writing at:

Olmedo, Morrow v. PVH Retail Stores, LLC Settlement

c/o Claims Administrator

P.O. Box 58215

Philadelphia, PA 19102-8215

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This website is authorized by the Court, supervised by counsel and controlled by the Claims Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-844-491-5744.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Claim Form Deadline:

    Wednesday, January 22, 2020
    You must submit your Claim Form online no later than Wednesday, January 22, 2020, or mail your completed paper Claim Form so that it is postmarked no later than Wednesday, January 22, 2020.
  • Exclusion Deadline:

    Wednesday, January 22, 2020
    You must complete and mail your request for exclusion so that it is postmarked no later than Wednesday, January 22, 2020.
  • Objection Deadline:

    Wednesday, January 22, 2020
    You must mail your objection(s) and/or notice of intent to appear at the Fairness Hearing so that it/they are postmarked no later than Wednesday, January 22, 2020.
  • Fairness Hearing Date:

    Friday, February 7, 2020
    The Fairness Hearing is scheduled for Friday, February 7, 2020 at 10:30 a.m. (PT).  Please check this website for updates.

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