Frequently Asked Questions
- What is this lawsuit about?
- Why is there a Settlement?
- How do I know if I am part of the Settlement?
- What does the Settlement Provide?
- How can I receive benefits?
- When will I receive my benefits?
- What am I giving up to receive benefits or stay in the Class?
- How do I get out of the Settlement?
- If I excluded myself, can I get benefits from this Settlement?
- How will the lawyers be paid?
- How do I tell the Court that I do not like the Settlement?
- What happens if I did nothing at all?
- How do I get more information?
The lawsuit alleges claims based upon breach of contract, promissory estoppel, unjust enrichment, fraud and deceptive practices relating to the Gas Redemption Program promoted by various Ashley HomeStores during the Class Period.
The Court did not decide in favor of Plaintiff or Ashley. Instead, Plaintiff and Ashley agreed to a Settlement. That way, they both avoid the cost of a trial, and the people who may have been affected will get compensation. The Class Representative and the attorneys think the Settlement is best for everyone who may have been injured.
How do I know if I am part of the Settlement?
Judge Epstein determined that everyone who fits the following description is a Class Member:
Customers who purchased products from an Ashley HomeStore from September 3, 2008 through September 29, 2008 in an amount qualifying the customer to participate in a Gas Redemption Program for free gas vouchers (the “Class”). Excluded are officers, directors, and employees of Ashley Furniture Industries, Inc., Ashley HomeStores, Ltd., including licensed Ashley HomeStores, their affiliates, subsidiaries, parents, licensees, agents, and members of their immediate families, as well as Class Counsel and the judge handling this matter. In addition, some, but not all, of the Class Members applied for and received, or made good faith efforts to apply for and receive, gas vouchers, and qualify for additional benefits.
What does the Settlement Provide?
Ashley has agreed to provide to each qualifying Class Member who completed and returned the Proof of Claim, the following Settlement Benefits:
(i) an Ashley Preferred Customer Card good for twenty percent (20%) off on purchases of Ashley Furniture products from an Ashley HomeStore for a two hundred ten (210) day period beginning ten days after the card is mailed or otherwise transmitted to Settlement Class Members; provided, however, that the total of such discounts shall not exceed five hundred dollars ($500.00) and subject to the other restrictions as set forth in the Settlement Agreement (the "Ashley Preferred Customer Card") and, notwithstanding any restrictions noted in the Settlement Agreement, the discount shall apply to all merchandise except:
- Sterns & FosterTM and TempurpedicTM brand mattresses
- consumer electronics, and
- the following 2010 “blackout periods”; April 1 – April 6, May 26 – June 1, June 30 – July 5,
September 1 – September 7, and November 24 – November 29.
In addition, and again notwithstanding anything to the contrary found in the Settlement Agreement, the discount card may be used at the following Ashley HomeStore retail furniture stores, a list of which shall be provided when the discount cards are distributed;
- The Ashley HomeStore retail furniture store at which the Qualifying Purchase was made,
- Any other Ashley HomeStore retail furniture store owned by the same licensee as the Ashley HomeStore retail furniture store at which the Qualifying Purchase was made,
- Any Ashley HomeStore retail furniture store wholly-owned by either of the Defendants, and
- To the extend that no store in any of the three foregoing categories is convenient to a particular Class Member, such other store(s) as the Defendants and that Class Member shall agree is convenient.
and (ii) Class Members who submitted to the Claims Administrator the Gas Voucher Form (as defined in the Settlement Agreement) issued on behalf of an Ashley HomeStore retail furniture store in connection with the Gas Redemption Program, or other evidence demonstrating a good faith attempt to secure a Gas Voucher Form (including but not limited to “screen-shots” of electronic communications seeking the Gas Voucher Form from Tidewater or any other entity authorized to issue it), shall receive the sum of One Hundred Fifty Dollars ($150.00).
The deadline to submit a Claim Form was March 1, 2010.
When will I receive my benefits?
The Court held a hearing on January 29, 2010 and February 10, 2010, to decide whether to approve the Settlement. On February 11, 2010, the Court entered an Order approving the Settlement. Before the Settlement can take effect, any appeals must be resolved. The time needed to resolve an appeal is uncertain, but frequently takes more than a year.
What am I giving up to receive benefits or stay in the Class?
Unless you excluded yourself, you are staying in the Class, and that means that you cannot sue, continue to sue, or be part of any other action against Ashley about the legal issues in this case relating solely to the Class. It also means that all of the Court’s orders will apply to you and legally bind you if you belong to the Class.
How do I get out of the Settlement?
The deadline to exclude yourself from the Settlement was January 19, 2010.
If you asked to be excluded, you will not receive any Settlement benefits. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Ashley in the future.
If I excluded myself, can I get benefits from this Settlement?
No. If you excluded yourself, you could not participate in the Settlement. But, you may sue, continue to sue, or be part of a different lawsuit against Ashley.
In it’s February 11, 2010 Order, the Court approved the award of attorneys’ fees and costs to Statman, Harris & Eyrich, LLC in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00). These amounts will not affect the benefits received by Class Members. The Court also approved the award of fees for the Class Representative in the amount of $4,800.00 for Patrice Dowell, for her services in this action.
How do I tell the Court that I do not like the Settlement?
The deadline to object to the Settlement was January 19, 2010.
What happens if I did nothing at all?
If you did nothing, you will get no benefits from this Settlement. But, unless you excluded yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Ashley about the legal issues in this case relating to the Class, ever again.
How do I get more information?
You can visit this site; or contact class counsel, Alan J. Statman, Esq. of Statman, Harris & Eyrich, LLC, 3700 Carew Tower, 441 Vine Street, Cincinnati, Ohio 45202; telephone (513) 621-2666; or contact the Settlement Administrator at Ashley Settlement, c/o The Garden City Group, Inc., P.O. Box 9461, Dublin, OH 43017-4561; toll-free 1 (866) 697-5556; email: gasredemptionsettlement@gardencitygroup.com.