Russell v. Kohl's Department Stores Inc

Frequently Asked Questions

  1. Why is this notice being provided?
  2. What is the lawsuit about?
  3. What is a class action?
  4. Why is there a settlement?
  5. How do I know if I am part of the Settlement?
  6. Are there exceptions to being included?
  7. What does the Settlement provide?
  8. Tell me more about the Gift Card Credits.
  9. How can I get benefits?
  10. When will I get benefits?
  11. What am I giving up to get a Gift Card Credit or to stay in the Settlement Class?
  12. What are the Released Claims?
  13. What if I don’t want to be part of the Settlement?
  14. If I excluded myself, can I still get a Gift Card Credit from the Settlement?
  15. If I did not exclude myself, can I sue Kohl’s for the same thing later?
  16. How do I tell the Court if I disagree with part of the Settlement?
  17. What is the difference between objecting to and excluding myself from the Settlement?
  18. What happens if I do not do anything?
  19. Do I have a lawyer in this case?
  20. How will the lawyers get paid?
  21. When and where will the Court decide whether to approve the Settlement?
  22. How do I get more information?
  1. Why is this notice being provided?

    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 this case is the United States District Court for the Central District of California, and the case is called Steven Russell and Donna Caffey v. Kohl’s Department Stores, Inc., Case No. 5:15-cv-01143-RGK-SP.  The persons who sued are called the Plaintiffs, and the company they sued, Kohl’s Department Stores, Inc. is called the Defendant or Kohl’s.

    For More Information: Call 1-844-851-4589

    Top

  2. What is the lawsuit about?

    The lawsuit alleges that Kohl’s engaged in false price comparison advertising by using false “original” and/or “regular” prices to advertise its products between June 11, 2011 and April 11, 2016 in violation of various California laws that prohibit false advertising and unfair competition. Kohl’s denies: (1) that it used false 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.

    Top

  3. What is a class action?

    In a class action, one or more people called Class Representatives (in this case, Steven Russell and Donna Caffey) 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. U.S. District Judge R. Gary Klausner in the United States District Court for the Central District of California is in charge of this class action.

    Top

  4. Why is there a settlement?

    This case has been pending since June 2015. Kohl’s 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 Kohl’s. 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.

    Top

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

    The Settlement Class includes the following persons:  All persons who, while in the State of California, and between June 11, 2011 and April 11, 2016 (the “Class Period”), purchased from Kohl’s one or more items at a discount of at least 30% off of the stated “original” or “regular” price, and who have not received a refund or credit for their purchase(s).  

    Top

  6. Are there exceptions to being included?

    Yes. Excluded from the Settlement Class are the Defendant, as well as its 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 Kohl’s. 

    Top

  7. What does the Settlement provide?

    Class Members who file valid claims will receive a Kohl’s Gift Card Credit paid from what is remaining of a $6,150,000 settlement fund after deducting the costs of administering the Settlement of up to $1,000,000, court-approved attorneys’ fees of up to 25% of the Settlement Fund ($1,462,500 in fees and costs up to $75,000), and payments to the Class Representatives (up to $7,500 per Class Representative, for a total of $15,000).  The amount of the Kohl’s Gift Card 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 Question 8). 

    Top

  8. Tell me more about the Gift Card Credits.

    Gift Card Credits can be used for any online or in-store Kohl’s purchase where you could otherwise use a gift card. More than one Gift Card Credit may be used at a time and may be used in conjunction with other promotional discounts that are otherwise available with the use of gift cards. Gift Card Credits do not expire. You may give your Gift Card Credit to someone else, but it is not redeemable for cash, except where required by law.

    Top

  9. How can I get benefits?

    The deadline to file a claim was August 9, 2016. As this date has passed, you may no longer file a claim. 

    Top

  10. When will I get benefits?

    Benefits will be distributed to Class Members who submitted valid and timely Claim Forms after the Court grants final approval of the Settlement and after the appeals are resolved. The Final Approval Hearing took place on September 12, 2016, and the appeals will take time to resolve. Please be patient.

    Top

  11. What am I giving up to get a Gift Card Credit or to stay in the Settlement Class?

    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 Kohl’s about the claims made in this lawsuit and released by the Settlement. You will be legally bound by all of the Court’s orders, as well as the “Released Claims” (see Question 12).

    Top

  12. What are the Released Claims?

    Released Claims means that all members of the Settlement Class who do not exclude themselves will irrevocably release, acquit, and forever discharge Kohl’s (and all affiliates, parents or subsidiaries, officers, 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 the Amended Settlement Agreement), 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 lawsuit or in any other forum relating, in whole or in part, to the alleged acts, omissions, facts, matters, transactions, circumstances asserted by in the lawsuit, including assertions that Kohl’s improperly inflated or misstated its “original” and/or “regular” prices in order to make its sale prices appear more attractive and thereby harmed consumers.

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

    Top

  13. What if I don’t want to be part of the Settlement?

    In order to keep your individual right to sue Kohl’s about the claims in this case and released by this Settlement, you were required to exclude yourself from the Settlement Class. The deadline to exclude yourself from the Settlement was August 9, 2016. As this date has passed, you may no longer exclude yourself.

    Top

  14. If I excluded myself, can I still get a Gift Card Credit from the Settlement?

    No. 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 was processed.

    Top

  15. If I did not exclude myself, can I sue Kohl’s for the same thing later?

    No. Unless you excluded yourself, you give up any right to individually sue Kohl’s for the claims made in this lawsuit and released by the Amended Settlement Agreement.

    Top

  16. How do I tell the Court if I disagree with part of the Settlement?

    The deadline to object to the Settlement was August 9, 2016. As this date has passed, you may no longer object. 

    Top

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

    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.

    Top

  18. What happens if I do not do anything?

    If you do nothing, you will not receive a Gift Card Credit from this Settlement. If the Court approves the Amended Settlement, you will be bound by the Amended 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 Kohl’s about the claims resolved by this Settlement and released by the Amended Settlement Agreement.

    Top

  19. Do I have a lawyer in this case?

    Yes. The Court has appointed Douglas Caiafa, of Douglas Caiafa, A Professional Law Corporation, and Christopher J. Morosoff, of the Law Office of Christopher J. Morosoff, 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.

    Top

  20. How will the lawyers get paid?

    Class Counsel will ask the Court to award them up to $1,462,500, plus their out-of-pocket costs and expenses of up to  $75,000 for their work in this case (i.e., up to 25% of the Settlement Fund). If approved, these amounts, as well as a $7,500 to each of the two Class Representatives, will be paid out of the Settlement Fund before issuing Gift Card Credits to Class Members who file valid claims. Class Counsel’s motion for Attorneys’ Fees and Costs will be avaialble for viewing in the Case Documents page of this website.

    Top

  21. When and where will the Court decide whether to approve the Settlement?

    The Court held a Fairness Hearing on September 12, 2016. At this hearing, the Court considered whether the Settlement is fair, reasonable and adequate, how much to pay Class Counsel and the Class Representatives, and reviewed all objections which were filed. As appeals have been filed which are not yet resolved, the Settlement has not yet become Final.

    Top

  22. How do I get more information?

    The Notice summarizes the lawsuit and the proposed Settlement. You can get more information about the lawsuit and Settlement by writing questions to: Russell v. Kohl’s Department Stores, Inc. Claims Administrator, P.O. Box 30218, College Station, TX 77842-3218, or by email at info@KohlsSettlement.com. You can also get a Claim Form or Opt-Out Request by clicking hereor by calling this toll free telephone number, 1-844-851-4589.

    Top