Chester, et al. v. The TJX Companies, Inc., et al.
TJX Settlement Claims Administrator
Case No. 5:15-cv-01437-DDP-DTBx

Frequently Asked Questions

 

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  • You have the right to know about the lawsuit and about your legal rights and options before the Court decides whether to approve the Settlement.

    The Court in charge of the case is the United States District Court for the Central District of California, and the case is called Staci Chester, et al. v. The TJX Companies, Inc. et al., Case No. 5:15-cv-01437-ODW-DTBx. The persons who sued are Staci Chester, Robin Berkoff, Daniel Friedman, and Theresa Metoyer, and they are called the Plaintiffs. The entities the Plaintiffs sued are The TJX Companies, Inc., T.J. Maxx of CA, LLC, Marshalls of CA, LLC, and HomeGoods, Inc., and they are called the Defendants or TJX. U.S. District Judge Otis D. Wright, II in the United States District Court for the Central District of California is in charge of this class action.

  • The lawsuit alleges that TJX engaged in false or misleading price comparison advertising through the Compare At prices on TJX price tags in its California stores between July 17, 2011, and December 6, 2017 in violation of various California laws that prohibit false advertising and unfair competition. TJX denies: (1) that it used false or misleading price comparison advertising; (2) that it has done anything wrong; and (3) that the Plaintiffs or consumers have been harmed in any way. The Court has not decided who is right.

  • In a class action, one or more people, called Class Representatives (in this case, Staci Chester, Robin Berkoff, Daniel Friedman, and Theresa Metoyer) sue on behalf of people who have similar claims. All of the people with similar claims comprise the "Class" and are referred to as "Class Members," except for those who exclude themselves from the class.

  • This consolidated class action case has been pending since September 2015. TJX is not admitting that it did anything wrong, but both sides want to avoid the cost and risk of further litigation. The Court has not decided the merits of the action in favor of the Plaintiffs or TJX. The Class Representatives and their attorneys think the Settlement is best for everyone who is affected. The Settlement provides the opportunity for benefits to Class Members.

  • The Settlement Class includes the following persons: All persons who purchased one or more items from a T.J. Maxx, Marshalls, or HomeGoods store in California between July 17, 2011 and December 6, 2017 (the "Class Period"), with a TJX price tag that included a Compare At price, and who have not received a refund or credit for all of their purchases.

  • Yes. Excluded from the Settlement Class are Defendants, as well as their officers, employees, agents or affiliates, and any judge who presides over this action, as well as all past and present employees, officers and directors of TJX.

  • Class Members will receive TJX Merchandise Credit paid from what is remaining of a $8,500,000 settlement fund after deducting the costs of administering the Settlement of up to $1,000,000, court-approved attorneys' fees and costs of up to 25% of the settlement fund ($2,125,000 in fees and costs up to $50,000), and payments to the Class Representatives (up to $7,500.00, per Class Representative for a total of $30,000.00). The amount of the TJX Merchandise Credit will be based on the amount of money left in the settlement fund after making the deductions listed above and the total number of valid claims filed. (See FAQ 9)

  • Merchandise Credits can be used to purchase any item in any T.J. Maxx, Marshalls, or HomeGoods store in California. More than one Merchandise Credit may be used at a time and they may be used in conjunction with other promotional discounts that are otherwise available with the use of gift cards or merchandise credits. Merchandise Credits do not expire. You may give your Merchandise Credit to someone else, but you cannot resell it. You may exchange it for cash in an amount equal to 75% of the Merchandise Credit at the time of its issuance for up to one year after issuance by returning the Merchandise Credit to the Claims Administrator unused. Merchandise Credits that have previously been used for a purchase are not redeemable for cash.

  • To ask for benefits, you needed to complete and submit or mail a Claim Form by April 9, 2018. Claim Forms could be submitted online, or printed from the website and mailed to the address on the form.

  • Benefits will be distributed to Class Members after the Court grants "final approval" of the Settlement and after any appeals are resolved. The Court granted final approval of the Settlement on May 14, 2018.

  • Unless you excluded yourself, you are staying in the Settlement Class. This means that you will no longer be able to sue, continue to sue, or be part of any other lawsuit against TJX about the claims made in this lawsuit and released by the Settlement Agreement. You will be legally bound by all of the Court's orders, as well as the "Released Claims" (see next Question).

  • Released Claims means that all members of the Settlement Class who did not exclude themselves by April 9, 2018 will irrevocably release, acquit, and forever discharge TJX (and all past and present affiliates, parents or subsidiaries, officers, directors, employees, agents, and attorneys) against any and all claims, rights, penalties, demands, damages, costs and expenses (including attorneys' fees and costs, other than those costs and expenses required to be paid pursuant to this Agreement and in connection with this Settlement), causes of action, or liability of any kind arising out of or in connection with all of the claims or causes of action that were made or could have been made in this Litigation or in any other forum relating, in whole or in part, to the alleged acts, omissions, facts, matters, transactions, circumstances asserted in the Litigation, including assertions that TJX used false or misleading Compare At pricing advertisements and thereby harmed consumers.

    The Settlement Agreement, available here, describes the Released Claims and provides specific details about the Settlement.

  • If you wished to keep your individual right to sue TJX about the claims in this case and released by this Settlement you must have excluded yourself from the Settlement Class.

  • The deadline to exclude yourself passed on April 9, 2018.

  • No. If you excluded yourself, do not send in a Claim Form to ask for a Merchandise Credit. Once you exclude yourself, you are no longer eligible for the benefits that this Settlement provides. If you submitted an Opt-Out Form or letter, and a Claim Form, your exclusion request was rejected and your Claim Form will be processed.

  • No. Unless you excluded yourself, you gave up any right to individually sue TJX for the claims made in this lawsuit and released by the Settlement Agreement.

  • The deadline to object passed on April 9, 2018.

  • Objecting is telling the Court that you do not like something about the proposed Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you excluded yourself, you have no basis to object or file a claim because the Settlement no longer applies to you.

  • If you did nothing, you will not receive a Merchandise Credit from this Settlement. As the Court approved the Settlement, you are bound by the Settlement Agreement and the Released Claims. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against TJX about the issues resolved by this Settlement and released by the Settlement Agreement.

  • Yes. The Court has appointed Douglas Caiafa, of Douglas Caiafa, A Professional Law Corporation, Christopher J. Morosoff, of the Law Office of Christopher J. Morosoff, and Greg K. Hafif, of the Law Office of Hebert Hafif, to represent you and all Class Members as "Class Counsel." You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel will ask the Court to award them up to $2,125,000 (25% of the settlement fund), plus their out-of-pocket costs and expenses of $50,000 for their work in this case. If approved, these amounts, as well as a $7,500.00 to each of the four Class Representatives will be paid out of the Settlement fund before issuing Merchandise Credits to Class Members. Class Counsel's motion for Attorneys' Fees and Costs will be available for viewing under Important Documents once it is available.

  • The Court approved the Settlement at the Fairness Hearing on May 14, 2018, at the United States District Court for the Central District of California, located at 350 West First Street, Los Angeles, California, in Courtroom 5D – First Street Courthouse. At this hearing, the Court considered whether the Settlement was fair, reasonable and adequate. The Court also considered how much to pay Class Counsel and the Class Representatives. If there were objections, the Court considered them.

  • No. Class Counsel answered any questions the Court had.  If you filed an objection, you did not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court considered it.

  • Yes. You had the opportunity to speak at the Fairness Hearing on May 14, 2018 if you mailed your Notice of Intention to Appear postmarked no later than April 9, 2018, to:

    The United States District Court for the Central District of California
    Courtroom 5D – First Street
    350 W. First Street
    Los Angeles, CA 90012

  • You can get more information through this website by reviewing Important Documents about the lawsuit and Settlement available here.

    You may write with questions to:

    TJX Settlement Claims Administrator
    c/o JND Legal Administration
    P.O. Box 6878
    Broomfield, CO, 80021

    E-mail at info@TJXSettlement.com.

    Call by toll-free number, 1-855-225-9282.

For More Information

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Mail

TJX Settlement Claims Administrator
c/o JND Legal Administration
PO Box 6878
Broomfield, CO 80021