Important Update
All appeals have been resolved and payments were issued in March 2021 to eligible Class Members.
Overview Of The Proposed Settlement
A proposed Settlement has been reached in a class action lawsuit entitled In re EasySaver Rewards Litigation, Case No. 3:09-cv-02094-AJB (WVG) on behalf of a nationwide class of persons (Class Members) defined as: All persons who, between August 19, 2005 and June 26, 2012, placed an order with a website operated by Provide Commerce, Inc. and were subsequently enrolled by Regent Group Inc. dba Encore Marketing International, Inc. in one or more of the following membership programs: EasySaver Rewards, RedEnvelope Rewards, or Preferred Buyers Pass. This case is pending in the United States District Court for the Southern District of California.
This website provides information about the proposed Settlement and the benefits available to Class Members. It also provides Class Members with an explanation of their rights, obligations, and options under the proposed Settlement and the deadlines within which to exercise them.
What does the Settlement Provide?
The Settlement provides a combination of benefits to Class Members. As part of the proposed Settlement, all Class Members will automatically be sent by email one fully transferable $20 credit valid only for a future on-line purchase of merchandise at ProFlowers.com, RedEnvelope.com, Berries.com, and CherryMoonFarms.com. Defendants will also collectively pay a total of $12.5 million to be used to pay any and all fees and costs, including, but not limited to, all claims administration fees and costs, court-approved Class Counsel’s fees and costs award, and court-approved Named Plaintiffs’ enhancement awards for serving as class representatives. The remaining balance shall be distributed to eligible Class Members that submit valid claims.
Class Member Options
| EXCLUDE YOURSELF | If you wanted to exclude yourself from the Class, you must have formally requested to exclude yourself by sending a letter or postcard to the Claims Administrator. The letter or postcard must have been postmarked on or before December 10, 2012. |
| OBJECT OR COMMENT | All Class Members who did not exclude themselves from the Action and who wished to object to or to oppose the approval of this Settlement and/or Class Counsel’s Fee and Cost Application or Named Plaintiffs’ enhancement awards must have filed a written objection with the Court and sent a copy to the attorneys for the Parties by December 10, 2012. |
| RECEIVE A $20 CREDIT | All Class Members who did not exclude themselves from the Action will receive one fully transferable $20 credit by email valid for a future on-line purchase on a certain Provide Commerce websites. No further action is required on your part to obtain this benefit, unless you received a summary notice on a postcard by U.S. Mail, in which case you must provide a valid email address to the Claims Administrator via this website at this Link. The $20 credit will be sent by email after the final Settlement is approved. |
| FILE A CLAIM FORM | To be eligible for a payment from the Net Cash Fund, you must have completed and submitted a Claim Form. Claim Forms must have been submitted or postmarked on or before December 10, 2012. Eligibility for a payment from the Net Cash Fund is described in the Notice under Paragraph 5. |
For further details on Class Member options, please consult the Notice or Frequently Asked Questions on this website.
Fairness Hearing
On January 28, 2013 at 2:00 p.m., a hearing will be held on the fairness of the proposed Settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement’s fairness. The hearing will take place before the Honorable Anthony J. Battaglia in Courtroom 12 of the U.S. District Court for the Southern District of California, located at 940 Front Street, San Diego, CA 92101.
