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The Court issued the Final Approval Order on July 9, 2015. You can click HERE to download a copy of the Order.

 

Welcome

This website contains information regarding a settlement in a class action lawsuit in the Superior Court of California for the County of Los Angeles entitled Christy Luckey, individually and on behalf of all others similarly situated, v. Canyon Beachwear LLC, and Does 1 through 10, Los Angeles Superior Court Case No. BC518338.

WHAT THE CONSUMER ACTION IS ABOUT

Plaintiff alleges in the Action a claim for violation of the Song-Beverly Credit Card Act, California Civil Code § 1747.08, and related common law torts. Plaintiff brought the Action in her individual capacity and in her capacity as a representative of a class of similarly situated persons. Plaintiff seeks to represent a class of all similarly situated persons consisting of all individuals who, since August 13, 2011, purchased merchandise with a credit card at any Canyon Beachwear retail store in California and who were asked to provide personal identification information, including their address, email address, telephone number and/or zip code for recording by a Canyon Beachwear employee in conjunction with the credit card transaction and who did provide such information, and that this practice violated California law.

Defendant denies any wrongdoing and any liability whatsoever.

The Parties have each looked at the uncertainties of trial and the benefits to be obtained under the proposed settlement and have considered the costs, risks, and delays associated with the continued prosecution of this complicated and time consuming litigation and the likely appeals of any rulings in favor of either Plaintiff or Defendant. Based on the foregoing, the Parties desire to settle this matter and resolve their claims without additional litigation.

THE SETTLEMENT

Defendant has agreed to provide a Merchandise Certificate worth $25.00 off any merchandise purchase up to $200, or $50 for merchandise purchases over $200, subject to certain terms, redeemable at Canyon Beachwear stores physically located within California, to all Class Members for whom Defendant has a complete mailing address.  For those Class Members for whom Defendant does not have a complete mailing address, Defendant will provide a Merchandise Certificate worth $25.00 off any merchandise purchase up to $200, or $50 for merchandise purchases over $200 redeemable at stores physically located within California, only to those individuals who submit a valid Claim Form to the Claims Administrator.

HOW TO RECEIVE YOUR MERCHANDISE CERTIFICATE

Look at the notice you received to determine if you need to do anything to receive a Merchandise Certificate.  If the notice you received says that you do not need to complete a Claim Form to receive a Merchandise Certificate, you will receive it automatically if the settlement is approved and you do not request to be excluded from the Settlement.  If the notice says that you need to complete a Claim Form to receive a Merchandise Certificate, or if you did not receive notice by United States Postal Service or E-mail, you must send in a Claim Form to qualify to receive a merchandise certificate.  A Claim Form is available for download on this website.  Read the instructions carefully, fill out the form, and submit it to the Claims Administrator postmarked on or before March 27, 2015.

IMPORTANT DATES AND DEADLINES

Deadline to Request Exclusion or Opt Out

March 27, 2015

Deadline to File Objections

March 27, 2015

Deadline to notify intent to appear at Fairness Hearing       

March 27, 2015

Deadline to file a claim

March 27, 2015

Final Fairness Hearing

May 7, 2015

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FREQUENTLY ASKED QUESTIONS

What is this case about?

The Action was filed against Canyon Beachwear alleging it violated California law by requesting and recording Personal Identification Information, including, but not limited to, postal addresses, e-mail addresses, telephone numbers and/or ZIP Codes, of customers who paid for merchandise using a credit card.  Canyon Beachwear denies wrongdoing and liability, and no court or other entity has made any judgment or other determination of any liability.

Am I a Class Member?

You are a "Class Member" if between August 13, 2011 and January 12, 2015 you used a credit card to make a purchase at a California Canyon Beachwear Store and your Personal Identification Information, including but not limited to postal address, email address, telephone number and/or ZIP Code, was requested and recorded by Canyon Beachwear.

I made a Credit Card Purchase at a Canyon Beachwear store during the class period between August 13, 2011 and January 12, 2015. Do I need to file a claim?

If you received written notice of this settlement by mail or email, you do not need to submit a claim to receive a benefit.  Your address is already on record and you will automatically be mailed the Merchandise Certificate worth $25.00 off any merchandise purchase up to $200, or $50 for merchandise purchases over $200. If you did NOT receive written notice of this Settlement by mail or email, to receive the Merchandise Certificate worth $25.00 off any merchandise purchase up to $200, or $50 for merchandise purchases over $200, you must timely complete a valid Claim Form, which is available for download on this website.  The deadline to submit a Claim Form is March 27, 2015.

What relief does the Settlement provide?

If you are a Class Member, you are eligible to receive a Merchandise Certificate worth $25.00 off any merchandise purchase up to $200, or $50 for merchandise purchases over $200 at Canyon Beachwear stores in California, subject to certain terms.

What are my other options?

If you don’t want to be legally bound by the Settlement, you must exclude yourself by March 27, 2015, or you won’t be able to sue Canyon Beachwear about the legal claims in the Action.  If you exclude yourself, you cannot get a merchandise certificate from this Settlement.  The detailed notice available to be downloaded on this website explains how to exclude yourself from the Settlement.  If you stay in the Settlement, you may object to it by March 27, 2015. The detailed notice available to be downloaded on this website explains how to object.

When is the Final Fairness Hearing?

On May 7, 2015 at 3:00 PM, 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 fairness of the proposed settlement. The hearing will take place before Judge Kenneth R. Freeman, in Department 310 of the Los Angeles County Superior Court, Complex Division, located at 600 South Commonwealth Ave., Los Angeles, CA 90005.

 

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