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 need to complete and submit or mail a Claim Form by April 9, 2018. Claim Forms may be submitted online, or printed from the website and mailed to the address on the form. Claim Forms are also available by calling toll-free to 1-855-225-9282. Please read the Claim Form instructions carefully.

  • Benefits will be distributed to Class Members after the Court grants "final approval" of the Settlement and after any appeals are resolved. The final approval hearing is scheduled to occur on May 14, 2018. If there are appeals to the final approval order, they can take time to resolve.

  • Unless you exclude 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 do not exclude themselves 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 wish to keep your individual right to sue TJX about the claims in this case and released by this Settlement you must exclude yourself from the Settlement Class.

  • To exclude yourself from the Settlement Class, you must complete an Opt-Out Form. Opt- Out Forms are available here or by calling 1-855-225-9282. You may also send a letter by mail stating:

    • Your name, address, and telephone number,
    • The name of the case (Staci Chester v. The TJX Companies, Inc.), 
    • A statement that you want to be excluded from this Settlement; and
    • Your signature and date.


    Your Opt-Out Form or letter must be mailed so it is postmarked no later than April 9, 2018, to:

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

  • No. If you exclude 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 submit an Opt-Out Form or letter, and a Claim Form, your exclusion request will be rejected and your Claim Form will be processed.

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

  • If you are a Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file a written objection with the Court. Your written objection must include:

    • Your name and address;
    • The name of the case (Staci Chester v. The TJX Companies, Inc.);
    • The reason(s) why you object to the Settlement;
    • Copies of all documents that support your objection, if applicable;
    • A statement indicating whether you intend to appear at the Fairness Hearing (see FAQ 24); and
    • Your signature and date.


    Your objection must be postmarked no later than April 9, 2018 and mailed to:

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


    You cannot object to the Settlement if you exclude yourself from the Settlement Class.

  • 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 exclude yourself, you have no basis to object or file a claim because the Settlement no longer applies to you.

  • If you do nothing, you will not receive a Merchandise Credit from this Settlement. If the Court approves the Settlement, you will be 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 will hold a Fairness Hearing at 1:30 p.m., 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 will consider whether the Settlement is fair, reasonable and adequate. The Court will also consider how much to pay Class Counsel and the Class Representatives. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

    The hearing may be moved to a different date, time, or location without additional notice, so it is a good idea to check this website for updates.

  • No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you file an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also hire another lawyer to attend, but it is not required.

  • Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your "Notice of Intention to Appear." Your letter must also include:

    • Your name, address, and telephone number;
    • The name of the case (Staci Chester  v. The  TJX Companies, Inc.);
    • The name, address, and telephone number of any attorney(s) who will be appearing on your behalf at the Fairness Hearing, if applicable;
    • A brief statement detailing what you will be presenting to the Court; and
    • Your signature and date.


    You must mail 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

Visit this website for the most up-to-date information.

Mail

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