Ramos v PVH Corporation Frequently Asked Questions

Frequently Asked Questions about the Ramos v PVH Corporation

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Questions

Answers

1. What is the Notice?

Answer:

This Notice explains the nature of the Action, the general terms of the proposed Settlement, and you your legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (Which defines certain capitalized terms used in this Notice), see Question 20.

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2. What is this lawsuit about?

Answer:

Plaintiff Maria Ramos (the “Representative Plaintiff”) filed a lawsuit against PVH on behalf of herself and all others similarly situated. The lawsuit alleges that PVH engaged in deceptive advertising by advertising false reference prices on merchandise sold in Van Heusen Stores.


PVH denies each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. PVH further denies that any Class Member is entitled to any relief and, other than for settlement purposes, that this Action is appropriate for certification as a class action.


For information about how to learn about what has happened in the Action to date, please see Question 20.

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3. Why is this a class action?

Answer:

In a class action, one or more people called “Representative Plaintiff(s)” (in this Action, Maria Ramos) sue on behalf of other people who allegedly have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Class Members. The company sued in this case, PVH Corp., is called the Defendant.

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4. Why is there a settlement?

Answer:

The Representative Plaintiff has made claims against PVH. PVH denies that is has done anything wrong or illegal and admits no liability. The Court has not decided that the Representative Plaintiff or PVH should win this Action. Instead, both sides agreed to a settlement. That way, they avoid the cost of trial, and the Class Members will receive relief now rather than years from now, if at all.

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5. How do I know if I am part of the Settlement?

Answer:

The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement: all individuals not otherwise excluded in this section who, between June 1, 2012 and October 3, 2018, purchased one or more items from any Van Heusen Store where a higher reference price was displayed. PVH’s Counsel, PVH’s officers, directors, and the Judge presiding over the Initial Action and the Action, are excluded from the Class and are not Class Members.

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6. I’m still not sure if I am included.

Answer:

If you are still not sure whether you are included, you can write the Claims Administrator for free help. The email address of the Claims Administrator is info@ramossettlement.com and the U.S. postal (mailing) address is Ramos v PVH Corporation, c/o Claims Administrator, Po Box 60255, Philadelphia, PA 19102-0255.

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7. What relief does the Settlement provide to the Class Members?

Answer:

PVH has agreed to provide Class Members with one (1) single use Merchandise Certificate in the amount of $6.50 (Six Dollars and Fifty Cents) which may be applied toward the pre-tax purchase price of any single item at a Van Heusen Store. Class Members who made one or more Qualifying Purchase(s) between June 1, 2012 and October 3, 2018 in an aggregate amount of $150.01 or more may receive one (1) additional Merchandise Certificate by timely submitting a valid Claim Form, together with acceptable proof of such Qualifying Purchase(s).


Tier 1 Authorized Claimants: A Tier 1 Authorized Claimant is a Class Member who: (i) is (or was) a member of the Van Heusen Stores loyalty program for whom PVH maintains contact information in the form of a valid current email address or postal address; (ii) made one or more Qualifying Purchase(s) during the Class Period; and (iii) dies not submit a valid and timely written exclusion request. A Tier 1 Authorized Claimant does not need to submit a Claim Form or proof of Qualifying Purchase. PVH shall issue one (1) Merchandise Certificate to each Tier 1 Authorized Claimant.

Tier 2 Authorized Claimants: A Tier 2 Authorized Claimant is a Class Member who: (i) is not a Tier 1 Authorized Claimant: (ii) made one or more Qualifying Purchase(s) during the Class period; (iii) submits valid and timely Claim Form, together with acceptable proof of such Qualifying Purchase(s) during the Class Period; and (iv) does not submit a valid and timely written exclusion request. PVH shall issue one (1) Merchandise Certificate to each Tier 2 Authorized Claimant.

Tier 3 Authorized Claimants: A Tier 3 Authorized Claimant is a Class Member who: (i) is either a Tier 1 Authorized Claimant or a Tier 2 Authorized Claimant; (ii) made one or more Qualifying Purchase(s) during the Class Period in an aggregate amount of $150.01 (One Hundred and Fifty Dollars and Once Cent) or more; (iii) submits a valid and timely Claim Form, together with acceptable proof of such Qualifying Purchase(s) during the Class; and (iv) does not submit a valid and timely written exclusion request. PVH shall issue one (1) additional Merchandise Certificate to each Tier 3 Authorized Claimant.


A Merchandise Certificate is a single-use certificate in the amount of $6.50 (Six Dollars and Fifty Cents) which may be applied toward the pre-tax purchase price of any single item at a Van Heusen Store. Merchandise Certificates may only be used at Van Heusen Stores. They may not be used at any Van Heusen company store located outside the state of California, nor may they be used at any other store other than a Van Heusen Store selling Van Heusen merchandise (whether or not located within the state of California). Merchandise Certificates are transferable and expire six (6) months after the later of the Final Settlement Date or the date of issuance. Merchandise Certificates may be applied toward the purchase of items that are on sale or otherwise discounted by the Van Heusen Store. Merchandise Certificates may be used in combination with Van Heusen Store loyalty rewards, but may not be combined with any other certificate, or with any coupon or promotional offer, including, but not limited to, any mall certificate, mall coupon, mall discount. If a Merchandise Certificate is applied toward the purchase of an item that is priced less than $6.50 (Six Dollars and Fifty Cents), there will not be any unused balance remaining on the Merchandise Certificate. Only one Merchandise Certificate may be used per item purchased at a Van Heusen Store. Multiple Merchandise Certificates may be applied toward the purchase of an equal number of items at a Van Heusen Store.

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8. How can I receive a Merchandise Certificate?

Answer:

Procedure for receiving one (1) Merchandise Certificate as a Tier 1 Authorized Claimant: Tier 1 Authorized Claimants are not required to submit a Claim Form or proof of a Qualifying Purchase to be included in the distribution of the Merchandise Certificates and receive one (1) Merchandise Certificate.  One (1) Merchandise Certificate will be distributed to each Tier 1 Authorized Claimant by email or United States mail sent to the valid and current email address or postal address maintained by PVH for the Tier 1 Authorized Claimant for purposes of the Van Heusen Stores loyalty program.

Procedure for receiving one (1) Merchandise Certificate as a Tier 2 Authorized Claimant: To receive one (1) Merchandise Certificate as a Tier 2 Authorized Claimant, an eligible Class Member (i.e. a Class Member who is not a Tier 1 Authorized Claimant and has made one or more Qualifying Purchase(s) during the Class Period) shall submit a complete, valid and sufficient Claim Form, including acceptable proof of Qualifying Purchase(s) during the Class Period, on or before January 16, 2019.


Procedure for receiving one (1) additional Merchandise Certificate as a Tier 3 Authorized Claimant: To received one (1) additional Merchandise Certificate as a Tier 3 Authorized Claimant, a Tier 1 or Tier 2 Authorized Claimant shall submit a complete, valid and sufficient Claim Form, including acceptable proof of Qualifying Purchase(s) during the Class Period in an aggregate amount of $150.01 (One Hundred and Fifty Dollars and One Cent) or more on or before January 16, 2019.


A Claim Form is available in the Documents section or by clicking the Submit Claim button at the top of this page.  The Claim Form may be submitted electronically through the Submit Claim button, or by postal mail.  Read the instructions carefully, fill out the form, and postmark it by January 16, 2019 or submit it online on or before 11:59 p.m. (PT) on January 16, 2019.

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9. When will I get my Merchandise Certificate or Merchandise Certificates?

Answer:

As described in FAQs 17 and 18, the Court will hold a hearing on April 5, 2019 at 1:30 p.m., to decide whether to approve the Settlement.  If the Court approves the Settlement, after that, there may be appeals.  It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year.  You can check on the progress of the case on this website. Please be patient.


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10. Do I have a lawyer in the case?

Answer:

The Court has ordered that the law firms of Stonebarger Law, APC and Kearney Littlefield, LLP (“Class Counsel”) will represent the interests of all Class Members. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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11. How will the lawyers be paid?

Answer:

PVH has agreed to pay Class Counsel’s attorneys’ fees and costs up to $315,000, subject to approval by the Court. You will not be required to pay any attorneys’ fees or costs.  Please see Section 2.5 of the Settlement Agreement, available in the Documents section, for additional details.

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12. Will the Representative Plaintiff receive any compensation for her efforts in bringing this Action?

Answer:

Representative Plaintiff will request a service award of up to $2,000 for her services as Class Representative and her efforts in bringing the Action.  The Court will make the final decision as to the amount to be paid to the Class Representatives.

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13. What am I giving up to obtain relief under the Settlement?

Answer:

If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against PVH.  This generally means that you will not be able to fil a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against PVH regarding the claims in the Action.  The Settlement Agreement, available in the Documents section of this website contains the full terms of the release.

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14. How do I exclude myself from the Settlement?

Answer:

You may exclude yourself from the Class and the Settlement.  If you want to be excluded, you must send a signed letter or postcard stating: (a) the name and case number of the Action; (b) the full name, address, and telephone number of the person requesting exclusion; and (c) a statement that her/she does not wish to participate in the Settlement, postmarked no later than January 16, 2019 to the Claims Administrator at:

Ramos v PVH Corporation

c/o Claims Administrator

Po Box 60255

Philadelphia, PA 19102-0255


If you timely request exclusion from the Class, you will be excluded from the Class, you will not receive a Merchandise Certificate under the Settlement, you will not be bound by the judgment entered in the Action, and you will not be precluded from prosecuting any timely, individual claim against PVH based on the conduct complained of in the Action.

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15. How do I tell the Court that I disagree with the settlement?

Answer:

On April 5, 2019 at 1:30 p.m., at 720 9th Street, Sacramento CA 95814, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider Class Counsel’s request for an award of attorneys’ fees and costs, and service awards to the Representative Plaintiffs.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you may file and serve a written objection with the Court (at the address provided in FAQ 18), Class Counsel, and PVH’s Counsel at the addresses set forth below no later than (i.e., postmarked by) January 16, 2019.


CLASS COUNSEL

Richard D. Lambert

STONEBARGER LAW APC

75 Iron Point Circle, Ste. 145

Folsom, CA 95630


PVH COUNSEL

Lary Alan Rappaport

Proskauer Rose LLP

2029 Century Park East

Suite 2400

Los Angeles, CA 90067


Any written objections should contain: (1) the name and case number of the Action; (2) the Class Member’s full name, address, and telephone number; (3) the words “Notice of Objection” or “Formal Objection”; (4) in clear and concise terms, the legal and factual arguments supporting the objection; (5) facts supporting the person’s status as a Class Member (e.g., either any unique identifier included by the Claims Administrator in his/her notice, or the date and location of his/her relevant purchases); (6) the Class Member’s signature and date; and (7) the following language immediately above the Class Member’s signature and date: “I declare under penalty of perjury under the laws of the State of California that the foregoing statements regarding class membership are true and correct to the best of my knowledge.”  You may, but need not, submit your objection through counsel of your choice.  If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs.


Class Members have the option to appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the award of attorney’s fees.  However, Class Members (with or without their attorneys) intending to make an appearance at the Fairness Hearing shall so-inform the Parties and the Court on or before March 22, 2019 by serving a “Notice of Intention to Appear” on the Claims Administrator, Class Counsel and PVH’s Counsel.

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16. What is the difference between excluding myself and objecting to the Settlement?

Answer:

Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be a part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

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17. What is the Fairness Hearing?

Answer:

The Court has preliminary approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement.  The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for service awards to the Representative Plaintiffs.  You may attend, but you do not have to.

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18. When and where will the Court decide whether to approve the Settlement?

Answer:

On April 5, 2019 at 1:30 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 Alan G Perkins in Courtroom 35 of the Sacramento County Superior Court, located at 720 9th Street, Sacramento, CA 95814. The hearing may be postponed to a different date or time or location without notice. Please check this website for any updates about the Settlement generally or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes an update to this website will be the only way you will be informed of the change. 


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19. May I speak at the hearing?

Answer:

At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.  As described above in FAQ 15, you may speak at the Fairness Hearing only if you have timely and validly provided a Notice of Intention to Appear.

If you have requested exclusion from the Settlement, you may not speak at the hearing.

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20. How do I get more Information?

Answer:

To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, and the operative complaint filed in the Action, please visit the Documents Section of this website.  Alternatively, you may contact the Claims Administrator at the email address info@ramossettlement.com, by clicking the Contact Us button at the top of this page, or the U.S. postal (mailing) address: Ramos v PVH Corporation, c/o Claims Administrator Po Box 60255, Philadelphia, PA 19102-0255.

This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file you should visit the Clerk’s office at 720 9th Street, Sacramento, CA 95814.  The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

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21. What if my address or other information has changed or changes after I submit Claim Form?

Answer:

It is your responsibility to inform the Claims Administrator of your updated information.  You may do so at the address below:

Ramos v. PVH Corporation

c/o Claims Administrator

Po Box 60255

Philadelphia, PA 19102-0255

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This website is authorized by the Court, supervised by counsel and controlled by the Claims Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 855-486-7342

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline

    Wednesday, January 16, 2019 You must mail your written exclusion so that it is postmarked no later than January 16, 2019.
  • Objection Deadline

    Wednesday, January 16, 2019 You must mail your written objection so that it is postmarked no later than January 16, 2019.
  • Claim Form Deadline

    Wednesday, January 16, 2019 You must submit a Claim Form via mail, or this website, no later than January 16, 2019.
  • Deadline to Notify the Court of Intention to Appear

    Friday, March 22, 2019 Your “Notice of Intention to Appear” must be served on the Claims Administrator, Class Counsel, and PVH’s Counsel no later than March 22, 2019.
  • Fairness Hearing Date

    Friday, April 5, 2019 The Final Approval Hearing is scheduled for April 5, 2019. Please check this website for updates.

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