If you are a New Jersey Resident Who Purchased A Five Guys Gift Card On or After April 4, 2006 With A Dormancy Fee Provision, Your Rights May Be Affected By A Class Action Settlement.
A class action settlement has been reached in a class action lawsuit against Five Guys Enterprises LLC and FG Madison LLC (collectively “Five Guys” or the “Defendants”) in the Superior Court of New Jersey (styled Storch v. Five Guys Enterprises LLC and FG Madison LLC, Docket No. MRS-L-116-11), alleging, among other things, that Five Guys sold gift cards in New Jersey containing a dormancy fee and other provisions that allegedly violate the New Jersey Truth in Consumer Contract Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.) and the New Jersey Gift Card Act (N.J.S.A. 56:8-110 et seq.), according to the Five Guys Gift Card Dormancy Fee class action settlement notice.
The Five Guys Gift Card Dormancy Fee class action settlement reportedly provides that eligible class members may be entitled to a Five Guys gift card (that is non-cancellable, unrestricted, and shall not expire) in an amount of up to $50.00 redeemable at a New Jersey Five Guys restaurant location, if they submit a claim form with a legible receipt showing the purchase of the Gift Card; (b) a copy of the gift card itself; or (c) a credit card statement showing the purchase of the Gift Card, or a $15.00 gift card redeemable at any Five Guys restaurant, provided they submit a completed Claim Form under penalties of perjury stating that they purchased a gift card in the State of New Jersey that contained a dormancy fee provision and/or expiration provision, including the location and date of purchase.
Five Guys franchisees have reportedly already stopped selling, and Five Guys has reportedly agreed they will not resume selling, gift cards containing a dormancy fee provision or expiration provision and reportedly will continue to honor the full value of unredeemed or the remaining value of partially redeemed Five Guys gift cards sold in New Jersey after April 4, 2006.
In order to obtain a Five Guys gift card under the Five Guys class action settlement, you must submit a completed settlement Claim Form.
On June 15, 2012, a settlement hearing will be held on the fairness of the proposed Five Guys settlement, before the Honorable Stephan C. Hansbury, J.S.C., Judge of the Superior Court of New Jersey Law Division, Morris County Judicial Center, located at Washington & Courts Streets, Morristown, New Jersey 07960.
For more information about the Five Guys Gift Card Dormancy Fee class action settlement, visit the Storch v. Five Guys Enterprises Class Action Settlement Information Website:
www.FiveGuysNJSettlement.com
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