Frequently Asked Questions
- What is the settlement about?
- How do I know if I am a member of the Settlement Class?
- How do I participate in the settlement?
- What are the terms of use for the Gift Voucher?
- How many Gift Vouchers am I eligible to receive?
- What if I do not want to be part of the settlement?
- How do I object to the settlement?
- What am I giving up to get the settlement relief or stay in the Class?
- Who is the Plaintiff and will he be compensated?
- How will the attorneys involved be paid?
- When was the Final Fairness Hearing held?
- How can I obtain more information about the settlement?
Plaintiff Thomas Molnar (hereinafter referred to as “Plaintiff”) filed a class action lawsuit against 1-800-Flowers.com, Inc. and 800-Flowers, Inc. (erroneously sued as 1-800-Flowers Retail, Inc.) (hereinafter referred to as “Defendants” or “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. 1-800-Flowers asserts that all Class Members knew the total charges for their orders prior to completing their orders, that 1-800-Flowers performed valuable services necessary to have the orders delivered, and that no Class Members were damaged in any way. In addition, Defendants asserted a Counterclaim against Plaintiff Molnar personally for violation of the Terms and Conditions of its website. The Court did not decide who was right. However, to avoid the expense, inconvenience and interference with its business operations created by the Action, Defendants have concluded that it is in their and their customers’ best interests to settle the Action on the terms summarized in the Notice.
How do I know if I am a member of the Settlement Class?
You are a Class Member if you purchased products through Defendants’ website, which website noted a “shipping charge” and which products were delivered by local florists, during the period from March 1, 2006 through February 5, 2008.
How do I participate in the settlement?
You do not need to do anything to participate in the settlement. For those Class Members who did not opt-out of the settlement, since the Court has approved the settlement, beginning on June 21, 2010, you will be entitled to use a $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 that eligible Class Members received).
What are the terms of use for the Gift Voucher?
Each $10 Gift Voucher shall be effective from June 21, 2010 until December 17, 2010.
The $10 Gift Voucher is subject to the following conditions: (1) the Gift Voucher is valid only for online purchases from www.1-800-Flowers.com; (2) the Gift Voucher expires on December 17, 2010; (3) the Gift Voucher is limited to one Gift Voucher per transaction; (4) the Gift Voucher must be used in a single transaction (i.e., no change or cash of any kind will be given by 1-800-Flowers for all or any portion of the value of $10 Gift Voucher) and any balance not used in the single transaction will be lost.
How many Gift Vouchers am I eligible to receive?
All Class Members who did not opt out of the settlement shall automatically receive a Gift Voucher for each qualifying purchase that they made during the class period.
What if I do not want to be part of the settlement?
The deadline to exclude yourself from the settlement was February 22, 2010.
How do I object to the settlement?
The deadline to object to the settlement was February 22, 2010.
What am I giving up to get the settlement relief or stay in the Class?
Unless you excluded yourself from the settlement by February 22, 2010, you will stay in the Class. That means that you will get the benefits of the settlement, and that you can’t sue, continue to sue, or be part of any other lawsuit against the Defendants about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you.
Since the settlement was granted final approval, 1-800-Flowers.com, Inc. and 800-Flowers, Inc. and each of its past or present officers, directors, shareholders, employees, agents, principals, heirs, representatives, accountants, auditors, consultants, attorneys, insurers and reinsurers, and each of their respective successors and predecessors in interest, affiliates, parents, and subsidiaries (the “Released Parties”) are released from all claims, liabilities, demands, debts, accounts, obligations, actions, and causes of action, known or unknown, suspected or unsuspected, at law or in equity, of any kind or nature whatsoever (collectively “Claims”) that were alleged or that could have arisen out of the facts alleged in the Second Amended Complaint filed in the Action and all predecessor complaints thereto.
Who is the Plaintiff and will he be compensated?
The Court approved an incentive award to the named Plaintiff, Thomas Molnar, of $5,000 in recognition of the risk to Plaintiff as the Class representative in commencing the lawsuit in the Action, both financial and otherwise; the amount of time and effort spent by Plaintiff as the Class representative; and for serving the public interest.
How will the attorneys involved be paid?
The Court approved an award of attorney fees and costs of $400,000. The payment of attorneys’ fees will not affect the benefits provided to the Class Members.
When was the Final Fairness Hearing held?
A final hearing was held before Judge Zaven V. Sinanian, of the Los Angeles County Superior Court, on May 17, 2010. At the hearing, the settlement was approved as fair, reasonable and adequate.
How can I obtain more information about the settlement?
If you have further questions regarding this lawsuit you may contact Plaintiff’s Counsel, Westrup Klick, LLP at 1-800-374-9916. Do not address any questions about the settlement or the litigation to the Clerk of the Court, to the Judge, to 1-800-flowers.com, or to Counsel for Defendants.