Gamestop/EB Games Class Action and Proposed Settlement
http://www.gamestop.com/gs/help/ExhibitA.asp
http://www.gamestop.com/gs/help/ExhibitA.asp
(The link on GS/EB site is in the lower left side, above the Verisign logo. Clicking through the link above might NOT work; copy and paste the link into your address if it doesnt work for you.)
The full details are below in the following paragraph. This is for those that never noticed it on GS/EB's websites and who have purchased a service contract/warrant and paid CA sales tax. Sorry, everyone else!
Discuss your thoughts.
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NOTICE of class action and proposed settlement
TO: All persons who, on or after August 9, 2001, through and including the date of this notice, were assessed and paid to Electronics Boutique Holdings Corp., Electronics Boutique of America, Inc., or GameStop Corp. any California sales tax in connection with the purchase of any extended service contract, protection agreement, product replacement plan, extended service agreement, game play guarantee, or similar plan, service contract, agreement, warranty, and/or guarantee.
IF YOU ARE A MEMBER OF THIS CLASS OF PERSONS, YOU SHOULD READ THIS NOTICE CAREFULLY BECAUSE IT WILL AFFECT YOUR RIGHTS.
There is now pending in the San Francisco County Superior Court a consolidated action entitled Katherine D. Chamberlin v. Electronic Boutique Holdings Corp., et al., Case No. 05-443890 and Tyler Harwood v. GameStop Corp., Case No. 05-444030 (the “Class Action”).
WHAT THIS CLASS ACTION IS ABOUT
Katherine D. Chamberlin and Tyler Harwood, appointed Class Representative Plaintiffs (“Plaintiffs”), filed respective class action lawsuits against Electronics Boutique Holdings Corp., Electronics Boutique of America, Inc., and GameStop Corp., (collectively, “Defendants”) on behalf of themselves and the class described above (the “Plaintiff Class”). In their Complaints, Plaintiffs allege that Plaintiff Class was assessed and paid to Defendants California sales tax in connection with the purchase of extended service contracts, protection agreements, or similar optional service contracts. The Complaint further alleges that Defendants violated California Civil Code section 1770, state laws set forth in the Consumers Legal Remedies Act, and California Business and Professions Code section 17200, et seq, by assessing this California sales tax.
While Defendants deny any wrongdoing and any liability whatsoever, they have concluded it is in their best interests to settle the Class Action on the terms generally set forth herein in order to avoid expense, inconvenience, and interference with ongoing business operations.
As a result, the parties have negotiated a proposed settlement. The San Francisco County Superior Court has determined that this action should proceed as a class action, for purposes of settlement only, with Plaintiffs as the representative of the Plaintiff Class, and has granted preliminary approval of the settlement, subject to a Final Settlement Hearing discussed below.
This notice explains the nature of the lawsuit and the general terms of the settlement, and informs you of your legal rights and obligations. This Notice of Class Action and Proposed Settlement is dated May 8, 2007.
THE PROPOSED SETTLEMENT
THE PARTIES HAVE AGREED TO THE PROPOSED SETTLEMENT GENERALLY DESCRIBED BELOW. IF THE COURT APPROVES THE PARTIES’ PROPOSED SETTLEMENT, THE FOLLOWING BENEFITS WILL RESULT:
A. GameStop will honor extended service contracts, protection agreements, product replacement plans, extended service agreements, game play guarantees, or similar plans, service contracts, agreements, warranties, and/or guarantees in effect as of the date the Final Order and Judgment is entered for a period of six (6) months past their respective expiration dates if: (a) the purchase of the underlying product was subject to California sales tax; and (b) the product for which the extended service contract, protection agreement, product replacement plan, extended service agreement, game play guarantee, or similar plan, service contract, agreement, warranty, and/or guarantee was purchased is not an Xbox 360, PlayStation 3, or Wii;
B. GameStop shall conduct a review of its POS system to ensure that California sales tax are charged in accordance with applicable law.
If the Court approves the proposed settlement, it will enter a judgment dismissing the Class Action on the merits and with prejudice as to all members of the Plaintiff Class. All members of the Plaintiff Class who do not validly and timely request to be excluded from the proposed settlement shall be forever barred from prosecuting their own lawsuits and shall be deemed to have released Defendants and all other persons from all claims, causes of action or losses of any kind whatsoever that any member of the Plaintiff Class has or may claim to have against such persons which are based upon, arising out of, or in any way relating to any of the acts, omissions or other conduct that has been alleged or otherwise referred to in the Class Action.
ATTORNEYS’ FEES, COURT COSTS, AND LITIGATION EXPENSES
At or following final approval of the settlement herein, counsel for the Plaintiff Class will move the Court for an award of attorneys’ fees, litigation expenses, and costs.
FINAL SETTLEMENT HEARING
On August 24, 2007, at 9:30 a.m., a Final Settlement Hearing will be held on the fairness of the proposed settlement. At the Final Settlement Hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement. The August 24, 2007, Final Settlement Hearing will take place before the San Francisco County Superior Court, located at 400 McAllister Street, San Francisco, California, 94102.
WHAT YOU CAN DO
You have the right to exclude yourself from both the Class Action and the Proposed Settlement. If you wish to be excluded from the Plaintiff Class, you must submit a letter or postcard postmarked no later than July 30, 2007, with your name, address, and telephone number. TO BE CONSIDERED VALID, A REQUEST FOR EXCLUSION MUST SET FORTH ALL OF THIS INFORMATION AND MUST BE TIMELY RECEIVED. Your request must be sent to Class Counsel at the following address:
Robert B. Hancock, Esq.
LAW OFFICES OF ROBERT B. HANCOCK
Post Office Box 570/1639 Scenic Drive
Trinidad, CA 95570
If you timely request exclusion from the Plaintiff Class you will be excluded from the Plaintiff Class; you will not be bound by the judgment entered in the Class Action; and you will not be precluded from otherwise prosecuting any individual claim, if timely, against the Defendants based on the transactions complained of in the Class Action. Unless you plan to bring this claim on an individual basis,your own lawsuit, there is no benefit to excluding yourself.
If you object to the settlement, but do not wish to simply exclude yourself from the Class Action, you may intervene in the Class Action and/or object to the terms of the settlement, provided that you have, by August 13, 2007, filed with the Court a written notice of your intention, together with all supporting papers, and a statement under penalty of perjury that you are in fact a member of the Plaintiff Class. These papers must be filed with the Clerk of the Court of the San Francisco County Superior Court, located at 400 McAllister Street, San Francisco, California, 94102, and such notice and papers must be served upon counsel for Plaintiff and counsel for Defendants at the following addresses:
Robert B. Hancock, Esq.
LAW OFFICES OF ROBERT B. HANCOCK
Post Office Box 570/1639 Scenic Drive
Trinidad, CA 95570
Andrew A. Bassak, Esq.
STEEFEL LEVITT & WEISS
One Embarcadero Center, 30th Floor
San Francisco, CA 94111
Counsel for Plaintiff Class
Counsel for Defendants Electronics Boutique Holdings Corp., Electronics Boutique of America, Inc., and GameStop Corp.
If you have not timely and validly requested exclusion, you may appear at the Final Settlement Hearing scheduled on August 24, 2007, to show cause why the settlement should not be approved by the Court. If your objection is rejected you will be bound by the final judgment just as if you had not objected.
To be considered, the notice and papers must be received by the Court and delivered or postmarked to Plaintiff’s counsel and Defendants’ counsel no later than August 13, 2007. CLASS MEMBERS WHO DO NOT TIMELY MAKE THEIR OBJECTIONS IN THIS MANNER WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND SHALL NOT BE ENTITLED TO BE HEARD AT THE FINAL SETTLEMENT HEARING.
You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your personal attorney’s fees and costs.
This description of the case is general and does not cover all of the issues and proceedings thus far. In order to see the complete file, including the individual terms of the settlement in the Class Action, you should visit the office of the Clerk of the Court of the San Francisco County Superior Court, located at 400 McAllister Street, San Francisco, California, 94102. The Clerk will make the file relating to this lawsuit available to you for inspection and copying at your own expense.
DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR TO THE JUDGE.
Dated: May 8, 2007 By: Order of the San Francisco County Superior Court
HONORABLE PETER BUSCH