On Friday, Dec. 4, a California federal judge gave final approval to a class action settlement resolving allegations that The Children’s Place Retail Stores Inc. violated California law by requesting and recording personal identification information from customers who paid with a credit card. Class Members who submitted a valid claim by the deadline will receive merchandise vouchers as part of the deal. The deadline to file a claim was Nov. 7, 2013.
The class action lawsuit was initially filed by a group of consumer plaintiffs in 2012 who alleged that The Children’s Place engaged in unlawful business practices by having cashiers routinely request and record the personal identification information, including telephone numbers and email addresses, from customers who paid with a credit card during point-of-sale transactions. They claim that this practice violates California’s Song-Beverly Credit Card Act, which prohibits any corporation from requesting and recording personal identification information during a credit card transaction.
U.S. District Judge Claudia Wilken granted preliminary approval to The Children’s Place class action settlement on June 19. A Fairness Hearing was held on Nov. 7 for the Court to determine whether the settlement should be given final approval. In Friday’s decision, Judge Wilken found that the class action settlement terms were entered in good faith and were “fair, reasonable, and adequate to” the interests of the Class Members.
The Children’s Place has denied any wrongdoing but has chosen to settle the class action lawsuit to avoid the expense of litigation.
Under the terms of the class action settlement, Class Members include anyone who used a credit card to make a purchase at any Children’s Place store in California between Feb. 17, 2010 and June 19, 2013, and whose personal identification information was requested and recorded. Class Members who did not receive an email notification of the class action settlement were required to submit a timely and valid Claim Form. The deadline to file a Claim Form for The Children’s Place customer data collection settlement has passed. Top Class Actions was not notified of the settlement until after it was approved.
Customers who filed valid and timely Claim Forms are eligible to receive either a merchandise certificate for $10 off of any merchandise purchase or 35 percent off of any merchandise purchase at any California Children’s Place retail or outlet store. Class Members who received an email notice of this class action lawsuit will automatically receive a certificate for 35 percent off any merchandise purchase.
It is not yet known when the class action settlement awards will be distributed to Class Members.
For more information about the Children’s Place Class Action Settlement, visit the settlement website at www.SeebrookSettlement.com.
The plaintiffs are represented by Hoffman Libenson Saunders & Barba; Patterson Law Group APC; Ridout & Lyon LLP; Qualls & Workman LLP; Stonebarger Law APC; and the Law Office of Sunil A. Brahmbhatt PLC.
The Children’s Place Customer Data Collection Class Action Lawsuit is Seebrook, et al. v. The Children’s Place Retail Stores Inc., Case No. 11-cv-00837-CW, in the U.S. District Court for the Northern District of California.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
Top Class Actions Legal Statement