NEW YORK, Sept. 4, 2015 /PRNewswire/ — A Settlement has been reached in a class action lawsuit concerning the labeling and marketing of merchandise sold in Michael Kors Outlet Stores during the period July 25, 2010 through July 25, 2014.
The lawsuit alleges that Michael Kors deceptively and misleadingly labeled and marketed merchandise that it sells at its Michael Kors Outlet Stores, including by using allegedly misleading price tags on its Michael Kors Outlet Products, which Plaintiffs claim resulted in damages to Plaintiffs and the Settlement Class. Michael Kors maintains that its marketing and labeling is not deceptive or misleading, and is entirely proper and permitted by law.
Consumers are included in the Settlement Class if between July 25, 2010, and July 25, 2014 they purchased at least one item at a Michael Kors Outlet Store that was sold with a price tag showing both an “MSRP” (Manufacturer’s Suggested Retail Price) and an “Our Price.” These items do not include watches, jewelry, fragrances, eyewear or any other product that did not have a price tag that showed both an “MSRP” and an “Our Price.” The Settlement Class does not include directors, officers or employees of Michael Kors, its parents and subsidiaries, or any entity in which Michael Kors has a controlling interest.
Michael Kors has agreed to establish a Settlement Fund of $4,875,000 from which Settlement Class Members will receive payments. The amount of such individual payments cannot be determined at this time. The amount will be based on a number of factors, including the number of Settlement Class Members who submit a valid Claim Verification Form and the amount of the Settlement Fund available for distribution. Michael Kors has also agreed to change the labeling of its price tags of certain items in its outlet stores.
To receive a payment as a Settlement Class Member, consumers must submit a Claim Verification Form online at www.MichaelKorsOutletSettlement.com or by mail. To submit the form by mail, consumers may request that the form be mailed to them by calling 1-866-879-7386. All Claim Verification Forms must be fully completed and submitted online or postmarked if by mail no later than 30 days after the Court grants Final Approval. Consumers that are included in the Settlement Class and entitled to a payment, once the Court approves the Settlement and it becomes final and effective, will receive a check in the mail for their share of the Settlement.
Consumers who do not want to be legally bound by the Settlement, you must exclude themselves from the Settlement Class. The request to exclude must be postmarked no later than December 8, 2015. Consumers who do not exclude themselves, will release their Michael Kors Outlet Store pricing claims and will not be able to sue Michael Kors for any claim relating to the lawsuit. Consumers who stay in the Settlement Class, may object to it by December 8, 2015. For further information on how to opt-out or object to the Settlement, please visit www.MichaelKorsOutletSettlement.com, or call 1-866-879-7386.
The Court will hold a hearing on January 7, 2016, to consider whether to approve the Settlement and a request for Service Awards of $5,000 each for the Plaintiffs and attorneys’ fees of up to 30% of the Settlement Fund, along with the reimbursement of expenses. Class members may appear at the hearing, but are not required to attend. Class members may hire their own attorney, at their own expense, to appear or speak for them at the hearing.
SOURCE United States District Court, Southern District of New York