If you purchased products through 1-800-Flowers.com, Inc. or 800-Flowers, Inc.'s (erroneously sued as 1-800-Flowers Retail, Inc.) (hereinafter referred to as “Defendants” or “1-800-Flowers”) website, which noted a “shipping charge” and which products were delivered by local florists, during the period from March 1, 2006 through February 5, 2008, you may be entitled to benefits from an action pending in the California Superior Court for the County of Los Angeles an action entitled
Molnar v. 1-800-Flowers Retail, Inc., Case No. BC 382828 (the “Action”).
Plaintiff Thomas Molnar (hereinafter referred to as “Plaintiff”) filed a class action lawsuit against 1-800-Flowers on behalf of himself and all Class Members. Plaintiff’s law firm is Westrup Klick, LLP (“Class Counsel”) and that firm represents Plaintiff and the Class Members.
The lawsuit alleges that 1-800-Flowers made misleading statements and omitted information concerning the shipping and delivery charges associated with certain online purchases of floral products. Specifically, Plaintiff alleges that he and other similarly-situated consumers were either charged for a service they did not receive,
i.e. shipping, or were charged and paid for delivery twice – once as a “shipping charge” despite that the floral arrangements were hand delivered by a local florist, and once as a delivery charge that was built into the merchandise price of the product. Plaintiff alleges Defendants’ violation of certain New York General Business Law provisions, along with common law counts. 1-800-Flowers denies these claims, and denies that it has done anything wrong.
What Does the Settlement Provide?
For those Class Members who do not timely opt-out of the settlement, and upon the Court’s final approval of the settlement, you will be entitled to receive a $10 Gift Voucher for each qualifying online purchase you made from the
www.1-800-Flowers.com website during the period March 1, 2006 through February 5, 2008. Each Voucher is valid for a single online purchase made at
www.1-800-Flowers.com and usable at time of checkout. The $10 Gift Voucher is subject to the terms and conditions described in the
Notice or
Frequently Asked Questions on this website.
What Are My Options?
Receive and Use the $10 Gift Voucher. Upon the Court’s final approval of the settlement, eligible Class Members will be entitled to $10 Gift Voucher towards a purchase at
www.1-800-Flowers.com by entering the “Gift Voucher Code” at time of check out (See your individual Gift Voucher Code or Codes on the Summary Notice eligible Class Members received). Each $10 Gift Voucher shall be effective for a six (6) month period after Final Judicial Approval of the settlement. Please continue to check this website to determine (i) whether and when Final Approval is granted, and (ii) the exact dates of the Redemption Period for the $10 Gift Voucher.
Exclude Yourself From the Settlement. If for some reason you desire to exclude yourself from the settlement, you may do so by mailing a request to “OPT OUT,” postmarked no later than
February 22, 2010. If you timely and validly request exclusion from the Class, you will be excluded from the Class; you will not receive any benefits from the settlement; you will not be bound by the judgment entered in the Action and you will not be precluded from otherwise prosecuting any individual claim, if timely, against 1-800-Flowers based on the transactions complained of in the Action. For details on how to exclude yourself from the settlement, please consult the
Notice or
Frequently Asked Questions on this website.
Object to the Settlement. If you decide to appear and object, you must file and serve your written request to appear and object with the Court, and upon Counsel for all of the parties
February 22, 2010. You must serve all such notices and papers upon Class counsel and Defendants’ counsel at the addresses listed in the
Notice or
Frequently Asked Questions on this website.
Final Fairness Hearing
A final hearing will be held before Judge Zaven V. Sinanian, of the Los Angeles County Superior Court, on March 29, 2010 at 8:30 a.m., to determine whether the proposed settlement is fair, reasonable and adequate and should be finally approved. The hearing will take place at the Los Angeles County Superior Court, in Dept. 23, located at 111 North Hill Street, Los Angeles, CA 90012.
You do not need to attend the hearing in order to participate in the settlement.
