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On April 11, 2017, a judge granted preliminary approval for a settlement of a class action lawsuit the involved FabFitFun gift cards. In October of 2016, primary plaintiff Julia Byerson filed the gift card class action lawsuit against FabFitFun and vendors Marrithew International Inc, Reeds Jewelers Inc, Physique 57 Inc, and Zumba Fitness LLC. Byerson asserts the defendants issued gift cards and certificates that included short expirations dates in violation of consumer protection laws enacted by several states.
According to court documents, the defense counsel argued, “As a result, many consumers are left with gift cards that are valueless to them. Consequently, FabFitFun and its retail partners reap a substantial windfall from the sale and issuance of gift cards that are not used prior to the short-dated expiration, which is precisely the type of harmful conduct that state legislatures intended to prohibit by enacting legislation regulating the use of expiration dates on gift cards.”
FabFitFun represents a corporation that offers consumers a subscription to seasonal boxes that the company sends every three months. The boxes contain a wide variety of products that originate in the health, fitness, beauty, and wellness industries. FabFitFun collaborates with a number of vendors to offer FabFitFun subscribers discounted products and services
The terms of the class action settlement require FabFitFun to issue gift cards to eligible class members that do not include an expiration date. The company continues to deny the class action lawsuit allegations, but it chose the settlement option to avoid the high costs and uncertainty of a lengthy civil trial.
What You Need To Know About The FabFitFun Gift Card Lawsuit Class Action Settlement
According to class counsel, eligible class members “include anyone who, between Jan. 1, 2013 and April 11, 2017, received a gift card through FabFitFun or any of its vendors, and the gift card had an expiration date that was earlier than the expiration period required under applicable federal and state gift card laws.” Every eligible class member will receive an identical gift card, without the inclusion of an expiration date. Qualifying class members must submit the email address they used to register on the FabFitFun website, as well as describe the gift cards sent to them by FabFitFun.
The deadline to file a valid claim form is October 6, 2017. The judge who preliminarily approved the class action settlement for the case Byerson v. FabFitFun Inc., et al., Case No. 2016-CH-13306, in the Cook County, Illinois Circuit Court has scheduled the final hearing on October 27, 2017. Read about what happened at the final hearing by accessing the class action websitewww.BoxGiftCardSettlement.com. The website also posts updates for the potential award, as well as lists the attorneys representing both sides of the case.