SKG_Khun v Sleepy's / Capitol Marketing Concepts Settlement

Welcome to the Khun v. Sleepy’s, LLC Settlement Website

YOU COULD GET $25 OR MORE FROM A CLASS ACTION SETTLEMENT INVOLVING PROMOTIONAL GIFTS CARDS OFFERED IN CONJUCTION WITH CERTAIN SLEEPY'S PURCHASES.

OFFICIAL COURT NOTICE OF SETTLEMENT OF CLASS ACTION

A Settlement has been reached with Sleepy’s, LLC (“Sleepy’s”) and CMC Acquisition Corporation d/b/a Capitol Marketing Concepts, Inc. (together “Defendants”) in a class action involving promotional gift cards offered as part of qualifying purchases made at Sleepy’s retail locations in Massachusetts and online for delivery in Massachusetts. The lawsuit alleges that the Defendants’ promotion failed to properly identify certain use and redemption conditions for the promotional gift cards, and imposed material terms and conditions related to the promotion that were not disclosed. Defendants deny Plaintiff’s allegations and assert that all of their promotional practices complied with all state and federal legal requirements.

The Notice explains the above-referenced lawsuit and the terms of the settlement and explains your rights and obligations. The Notice should not be understood as an expression of any opinion by the Court as to the merits of any of the claims or defenses asserted by the parties.

                                               YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING AND RECEIVE A CASH PAYMENT:

If you are identified as a Settlement Class member and receive the Notice and if you do nothing more, you will be bound by the terms of the Settlement and will, upon approval of the Settlement by the Court and that approval becoming final, be deemed to have released all of the federal and/or state claims you may have against both Defendants.

If you are identified as a Settlement Class member and receive the Notice and if you do nothing more, you will receive a check in the mail which will be for the amounts identified in Question 3 found in the Long Form Notice and under the FAQ's, upon final approval of the Settlement.

ASK TO BE EXCLUDED BY:

October 4, 2018:

You may exclude yourself from the Class Settlement by submitting a ‘Request for Exclusion’ to the Settlement Administrator at PO Box 404020, Louisville, KY 40233-4020. If you exclude yourself, you will not participate in these proceedings, nor will you receive any money from the net settlement fund. You will also retain the right to assert any of the claims you may have against either Defendant.

OBJECT TO THE SETTLEMENT BY:

October 4, 2018:

If you’re a Class Member, you can object to the settlement if you do not like any part of it.

In order to object to the Settlement, you must file a copy of your written objection with the Court at the United States District Court for the District of Massachusetts, 1 Courthouse Way, Boston, MA, and mail a copy of your written objection to Counsel for the parties, identified in Question 8 found in the Long Form Notice and under the FAQ's, no later than October 04, 2018.

GO TO HEARING:

November 27, 2018:

HEARING TIME: 

3:00 PM

You may object to the settlement and ask the Court for permission to speak at the Final Approval Hearing about your objection.