Richman v. Carol Wright Promotions, Inc.

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Richman v. Carol Wright Promotions, Inc. This Website describes the case and the settlement between the Plaintiffs and Carol Wright Promotions, Inc. n/k/a Cox Target Media Sales, Inc., Carol Wright Gifts, Inc. n/k/a Cox Gifts, Inc. and Cox Target Media, Inc, (“Cox Defendants”).  We’ve tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also write to counsel for the Class at:

DO NOT WRITE TO THE COURT FOR INFORMATION.

This case is currently pending in Part 6 of the Supreme Court of New York, Queens County, at 88-11 Sutphin Boulevard, Jamaica, New York 11435. The docket number for the case is Index No. 26824/2002. Justice Arnold N. Price is the judge.

The Plaintiffs here allege that Cox Gifts which did business under Carol Wright Gifts, violated state consumer protection laws by not properly disclosing the nature of a fee which ranged from $.95 to a $1.50 charge paid by some customers for “guaranteed replacement of lost or damaged merchandise.” The Plaintiffs also allege that Cox Gifts breached contracts or other obligations to those customers by failing to provide the benefits of such charges as promised. (According to Plaintiffs, actual damages in this case would therefore be a portion of the $.95 through $1.50 charge.)

The Cox Defendants have denied all of Plaintiffs’ claims, but has chosen to enter into a settlement to resolve the case. The Court has therefore certified a Class (for settlement purposes only) and preliminarily approved a nationwide settlement for the benefit of that Class.

The links below provide information about who is a Class Member, the terms of the settlement, and how Class Members can object to, or decide not to participate in, the settlement.

All Potential Class Members:

To find out if you’re a Member of the settlement class, click here.

To see a detailed notice about the settlement, click here.

To see a copy of the most current complaint, click here.

To see a copy of the settlement agreement preliminarily approved by the Court, click here.

To see a copy of the Court’s order preliminarily approving the settlement agreement and this settlement, click here.

Class Members Who Didn’t Pay Any of the Charges At Issue Between January 1, 1996 but before August 8, 1998 who want to receive their refund

If you’re a Member of the settlement Class but didn’t pay the charge at issue in this case (as specified in the settlement agreement) then you won’t be able to apply for a refund.

If you’re a Class Member because you paid the charge at issue in this case (as specified in the settlement agreement), but didn’t ever do so between January 1, 1996 but before August 8, 1998, and you want to receive a refund of $1.00 for that charge which ranged from $.95 to a $1.50 you’ll need to click here to make a claim. You are allowed to submit only one claim form.

AFTER PAYMENT OF ALL PROPERLY SUBMITTED CLAIMS, AND AFTER PAYMENT OF CLAIMS ADMINISTRATION EXPENSES, THE REMAINING MONIES WILL BE DONATED TO A NOT FOR PROFIT ORGANIZATION.

Class Members Who Don’t Want To Remain In the Settlement Class

If you’re a Class Member but you don’t want to remain in it and receive the benefits of the settlement, click here to find out how to “opt out.”

Class Members Who Want To Object to the Settlement

The Plaintiffs recommend this settlement and the Defendants have agreed to it. If you want to object to the terms of the settlement, however, click here to find out what you’ll have to do.

If you want to object to this settlement, you must do so in writing to the attention of Brian L. Bromberg, P.C., Counsel of Record, 626 S. Clark St., 7th Floor, Chicago IL 60605-1711, and it must be post marked and received by June 7, 2005. Your objection must set forth the legal and factual basis why you object to the settlement. If you object you must also appear at the final fairness hearing set for July 6, 2005.)

What Happens Next

On July 6, 2005 Justice Price will hold a hearing to decide whether to give final approval to this settlement. If he does, all Class Members will be bound by the resulting judgment and court orders, and eligible Class Members will be entitled to benefits. IF YOU DON’T OPT OUT OF THE SETTLEMENT YOU’LL BE FOREVER RELEASING ANY RIGHTS YOU HAVE TO SUE CAROL WRIGHT GIFTS OR ITS RELATED COMPANIES BASED ON ANY CLAIMS LIKE THOSE BEING SETTLED, EVEN IF THOSE CLAIMS ARE ALSO PART OF ANOTHER LAWSUIT.

The Class includes, for settlement purposes only, all persons or entities in the United States who, between January 1, 1996 but before August 8, 1998, ever paid Carol Wright Gifts a fee of between .95 and $1.50 for what was represented as “guaranteed replacement for lost or damaged merchandise” or any similar alleged benefit. This means that if you paid such a fee to Carol Wright Gifts you’re a Class Member. YOU DO NOT NEED PROOF OF PAYMENT.

Some Class Members may have paid such a fee to Carol Wright Gifts because they paid it to Carol Wright Gifts after Carol Wright Gifts began to offer a Carol Wright Gifts catalogue. This was after August 8, 1998 (Someone else owned the Carol Wright Gifts catalogue after the Cox Defendants did.) This means that if you paid such a fee to Carol Wright gifts after August 8, 1998 you will have already received your notice for that class.

The Class doesn’t include Class Counsel; Cox Defendants’ counsel; the officers, directors, employees or counsel of any Defendant; any state, federal, foreign, or local government; or the immediate family members of any of them.

If you’re a Class Member and you want to opt out of the Class and this settlement, you must do so in writing to the Claims Administrator by June 7, 2005. You must provide your full name and address, state that “I am opting out of the Cox Defendants settlement in the Richman v. Carol Wright case and do not want to participate. I will not share in the settlement.” Mail your request to Carol Wright Gifts Opt Outs, Brian L. Bromberg, P.C., Counsel of Record, 626 S. Clark St., 7th Floor, Chicago IL 60605-1711. Your request must be postmarked and received by June 7, 2005.

If you’re a Class Member and you want to object to this settlement, you must do so in writing by June 7, 2005. Your objection must set forth the legal and factual basis why you object to the settlement. You must provide your full name and address; include all arguments, citations, and evidence supporting your objection; specify who, if anyone, will attend the hearing to speak for your objection; deliver your objection by hand or overnight delivery service both to Class Counsel and to the Cox Defendants’ Counsel; and file a copy of your objection with the Clerk of Court.

The address for Class Counsel for this purpose is:

The address for Cox Defendants’ Counsel for this purpose is:

Your request must be postmarked and received by June 7, 2005. If you object you must also appear at the final fairness hearing set for July 6, 2005.