1. Why did I get the Notice?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
5. How do I know if I am part of the Settlement?
6. I’m still not sure if I am included.
7. What relief does the Settlement provide to the class members?
8. How can I get a merchandise certificate(s)?
9. When will I get my merchandise certificate(s)?
10. Do I have a lawyer in this case?
11. How will the lawyers be paid?
12. Will the Named Plaintiff receive any compensation for his efforts in bringing this action?
13. What am I giving up to obtain relief under the Settlement?
14. How do I exclude myself from the Settlement?
15. How do I tell the Court that I disagree with the Settlement?
16. What is the difference between excluding myself and objecting?
17. What is the fairness hearing?
18. When and where is the fairness hearing?
19. May I speak at the hearing?
20. How do I get additional information?
21. What if my address or other information has changed or changes after I submit a Claim Form?
You received the Notice because a Settlement has been reached in this Action. You might be a member of the Settlement Class and may be eligible for the relief detailed below.
The Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in this Notice), see Section 20 below.
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Plaintiff Randy Nunez (the “Named Plaintiff”) filed a lawsuit against Saks OFF 5TH on behalf of himself and all others similarly situated. The lawsuit alleges that Saks OFF 5TH engaged in deceptive advertising by advertising purportedly improper discounts on merchandise sold in its Saks OFF 5TH stores and online at www.saksoff5th.com.
Saks OFF 5TH denies each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. Saks OFF 5TH further denies that any Class Member is entitled to any relief and, other than for Settlement purposes, Saks OFF 5TH denies that this Action is appropriate for certification as a class action.
The issuance of this Notice is not an expression of the Court’s opinion on the merits or the lack of merits of the Named Plaintiff’s claims in the Action.
For information about how to learn about what has happened in the Action to date, please see Section 20 below.
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In a class action lawsuit, one or more people called “Named Plaintiff(s)” (in this Action, Randy Nunez) sue on behalf of other people who allegedly have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Class Members. The companies sued in this case, Saks OFF 5TH LLC, Saks & Company LLC, and Saks Fifth Avenue LLC, are called the Defendants.
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The Named Plaintiff has made claims against Saks OFF 5TH. Saks OFF 5TH denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Named Plaintiff or Saks OFF 5TH should win this Action. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the Class Members will receive relief now rather than years from now, if at all.
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The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement:
All persons, during the Class Period (from January 1, 2011, to November 1, 2024) who purchased one or more Saks Fifth Avenue-branded products at a Saks OFF 5TH store in California, online at www.saksoff5th.com or any other website URL currently or previously redirecting to www.saksoff5th.com, or on any Saks OFF 5TH mobile apps, with bill to or ship to addresses in California at a discount from the advertised “Market Price,” and have not received a refund or credit for their purchase(s) during the Class Period (a “Qualifying Purchase”). |
Excluded from the Class is Saks OFF 5TH’s Counsel, Saks OFF 5TH’s officers and directors, and the judge presiding over the Action.
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If you are still not sure whether you are included, you can write the Claims Administrator for free help. The email address of the Claims Administrator is info@NunezSaksOFF5thSettlement.com and the U.S. postal (mailing) address is:
Nunez v. SAKS OFF 5TH Settlement
Claims Administrator
PO Box 25224
Santa Ana, CA 92799
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Saks OFF 5TH has agreed to provide each Class Member who received direct notice of this Settlement via email and does not timely request exclusion from or object to the Settlement (Tier 1 Authorized Claimant), or who timely and validly completes and submits a claim form and proof of Qualifying Purchase during the Class Period (Tier 2 Authorized Claimant), one (1) Merchandise Certificate which, at the election of the holder, may be applied for up to $20.00 toward future purchases at a Saks OFF 5TH store or online at www.saksoff5th.com. Merchandise Certificates for Tier 2 Authorized Claimants will be capped at a value of $1,500,000; if the claimed value of Merchandise Certificates to be distributed to Tier 2 Authorized Claimants exceeds $1,500,000, the value of the Merchandise Certificates for Tier 2 Authorized Claimants will be reduced pro rata. Merchandise Certificates for Tier 1 Authorized Claimants are not capped by value.
Merchandise Certificates will be reusable, and stackable with other promotions, but may not be combined with another Merchandise Certificate from this Settlement. Merchandise Certificates may be used on items that are on sale. Merchandise Certificates shall not be redeemable for cash, will not be replaced if lost, stolen or damaged, and cannot be used to purchase gift cards or services. Merchandise Certificates will be transferable and will not expire.
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If you received direct notice of the Settlement by email notice, you need not do anything to receive one (1) Merchandise Certificate(s).
To qualify for one (1) Merchandise Certificate if you did not receive direct notice by email, you must send in a Claim Form and proof of Qualifying Purchase.
A Claim Form is available here or you can submit a claim form online by going here. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by March 16, 2025, or submit it online on or before 11:59 p.m. (Pacific) on March 16, 2025.
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As described in Sections 17 and 18 below, the Court will hold a hearing on April 18, 2025, at at 1:30 p.m. Pacific, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It’s always uncertain when the appeals will be resolved, and resolving them can take time, perhaps more than a year. Please check back for updates on the progress of the case.Please be patient.
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The Court has ordered that the law firm of Scott + Scott Attorneys at Law LLP and Lynch Carpenter, LLP (“Class Counsel”) will represent the interests of all Class Members. You will not be separately charged for these lawyers’ services. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Saks OFF 5TH has agreed to pay Class Counsel’s claims administration costs, any incentive award to Plaintiff, and attorneys’ fees and costs up to $1,800,000, subject to approval by the Court. You will not be required to pay any attorneys’ fees or costs. Please see paragraphs 2.6 and 2.7 of the Settlement Agreement, available here for additional details.
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The Named Plaintiff will request a service award of not more than $10,000 total for his service as Class representative and his efforts in bringing the Action. The Court will make the final decision as to the amount to be paid to the Class representative.
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If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against Saks OFF 5TH. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against Saks OFF 5TH regarding the claims in the Action. The Settlement Agreement, available here, contains the full terms of the release.
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You may exclude yourself from the Class and the Settlement. If you want to be excluded, you must send a signed letter or postcard stating: (a) the name and case number of the Action; (b) your full name, address, and telephone number; and (c) a statement that you do not wish to participate in the Settlement, postmarked no later than March 16, 2025 to the Claims Administrator at:
Nunez v. SAKS OFF 5TH Settlement
ATTN: Exclusion Request
PO Box 25224
Santa Ana, CA 92799
If you timely request exclusion from the Class, you will be excluded from the Class, you will not receive a Merchandise Certificate under the Settlement, you will not be bound by the judgment entered in the Action, and you will not be precluded from prosecuting any timely, individual claim against Saks OFF 5TH based on the conduct complained of in the Action.
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At the date, time, and location stated in Section 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to consider Class Counsel’s request for an award of attorneys’ fees and costs, and the service award to the Named Plaintiff.
If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must file a written objection with the Court and deliver copies of the written objection to the Claims Administrator, Class Counsel, and Saks OFF 5TH’s Counsel at the address set forth below no later than (i.e., postmarked by) March 16, 2025:
Nunez v. SAKS OFF 5TH Settlement
ATTN: Objection
PO Box 25224
Santa Ana, CA 92799
Any written objections must contain: (a) the name and case number of the Action; (b) the Class Member’s full name, address, and telephone number; (c) the words “Notice of Objection” or “Formal Objection”; (d) in clear and concise terms, the legal and factual arguments supporting the objection; (e) facts supporting the person’s status as a Class Member (e.g., the date and location of his/her relevant purchases and description of the item(s) purchased); (f) the Class Member’s signature and the date; and (g) the following language immediately above the Class Member’s signature and date: “I declare under penalty of perjury under the laws of the State of California that the foregoing statements regarding class membership are true and correct to the best of my knowledge.” You may, but need not, submit your objection through counsel of your choice. If you do make your objection through an attorney, you will be responsible for your personal attorneys’ fees and costs.
IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.
If you submit a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the award of attorneys’ fees. You are not required, however, to appear. If you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid objection a statement substantially similar to “Notice of Intention to Appear”.
If you intend to appear at the Fairness Hearing through counsel, you must also identify the attorney(s) representing you who will appear at the Fairness Hearing and include the attorney(s) name, address, phone number, email address, and the state bar(s) to which your counsel is admitted. Also, if you intend to request the Court to allow you to call witnesses at the Fairness Hearing, such request must be made in your written objection, which must also contain a list of any such witnesses and a summary of each witness’s expected testimony.
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Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
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The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for a service award to the Named Plaintiff. You may attend, but you do not have to.
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On April 18, 2025, at 1:30 p.m. Pacific, a hearing will be held on the fairness of the proposed Settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement’s fairness. The hearing will take place before the Honorable Cynthia Freeland in Department N-27 of the Superior Court of California, County of San Diego, located at 325 S. Melrose Dr., Vista, CA 92081. The hearing may be postponed to a different date or time or location without notice. Please check this website for any updates about the Settlement generally or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to this Settlement website will be the only way you will be informed of the change.
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At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement. As described above in Section 15, you may speak at the Fairness Hearing only if (a) you have timely submitted an objection, and (b) you have timely and validly provided a Notice of Intent to Appear.
If you have requested exclusion from the Settlement, you may not speak at the hearing.
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To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, and the operative complaint filed in the Action, please visit the Important Documents page. Alternatively, you may contact the Claims Administrator at the email address info@NunezSaksOFF5thSettlement.com or the U.S. postal (mailing) address:
Nunez v. SAKS OFF 5TH Settlement
Claims Administrator
PO Box 25224
Santa Ana, CA 92799
This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file you should visit https://roa.sdcourt.ca.gov/roa or the Clerk’s office at 330 West Broadway, San Diego, CA 92101. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.
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It is your responsibility to inform the Claims Administrator of your updated information. You may do so at the address below:
Nunez v. SAKS OFF 5TH Settlement
Claims Administrator
PO Box 25224
Santa Ana, CA 92799
DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE.
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