IF YOU ARE A NEW JERSEY CITIZEN WHO PURCHASED MERCHANDISE FROM A BURLINGTON STORE IN NEW JERSEY, YOU MAY BE ELIGIBLE TO RECEIVE A PURCHASE CERTIFICATE USABLE FOR FUTURE PURCHASES.
A settlement (“Settlement”) has been proposed in a class action lawsuit pending in the Superior Court of New Jersey, Camden County (“Court”) titled Anderson, et al. v. Burlington Coat Factory, et al. (“Action”). The purpose of this Notice is to inform persons of the Action and the Settlement so that persons may decide what steps to take in relation to it.
What is the Action about? Plaintiffs Henry and Catherine Anderson and Lindsay Sewekow allege that defendant Burlington Coat Factory Warehouse Corporation (“Burlington” or “Defendant”) engaged in deceptive advertising by displaying purportedly improper reference or comparison prices on merchandise in their Burlington stores. Burlington vigorously denies that its advertising practices are deceptive or violate any laws but has agreed to the Settlement to avoid the time and expenses necessary to defend this Action. No court has decided which side is right.
Am I a Class Member? You are a “Class Member” if you fall into the following class: All New Jersey citizens who made one or more in-store purchase(s) at a Burlington store located in New Jersey between June 26, 2011 and May 22, 2017, and did not receive a refund or credit for their purchase(s). What relief does the Settlement provide? If you are a Class Member, you are eligible to receive one (1) Purchase Certificate good for $5.00 off any purchase (no minimum purchase) at any Burlington store in New Jersey. In order to receive a Purchase Certificate, you must timely submit a complete and valid Claim Form, under penalty of perjury. A Claim Form is available at www.burlingtonnjsettlement.com. The deadline to submit a Claim Form is June 6, 2019. If you purchased $500 or more in merchandise (exclusive of returns) from a Burlington store, you are eligible to receive one (1) additional $5.00 Purchase Certificate. To receive this additional Purchase Certificate, you must submit proof of your purchases totaling $500 or more (exclusive of returns) along with your complete, valid Claim Form by the above deadline.
What are my other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by March 20, 2019, or you won’t be able to sue Burlington about the legal claims in the Action ever again. If you exclude yourself, you cannot receive a Purchase Certificate from this Settlement. If you stay in the Settlement, you may object to it by March 20, 2019. The detailed notice available at www.burlingtonnjsettlement.com explains how to request exclusion or object. The Court will hold a hearing on April 22, 2019 at 1:30 p.m. to consider whether to approve the Settlement, the request by the lawyers representing all Class Members (DeNittis Osefchen Prince, P.C.) for up to $815,000 in attorneys’ fees and costs, and the Class Representatives’ (Henry Anderson, Catherine Anderson, and Lindsay Sewekow) request for $2,000 each for their services. These two latter amounts will be paid by Burlington separately and in addition to the benefits available to you under the Settlement and will not reduce the benefits available under the Settlement. You may ask to appear at the hearing, but you don’t have to.
More information? For complete information about the Settlement, to view the Agreement of Settlement, related Court documents and Claim Form, and to learn more about how to exercise your various options under the Settlement, visit www.burlingtonnjsettlement.com. You may also write to the Claims Administrator at the email address Burlington@AdministratorClassAction.com or the postal address Burlington Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.