If you made a purchase online with Pro Flowers, Red Envelope, Cherry Moon Farms, Secret Spoon or Shari’s Berries and were enrolled one of the following Membership Programs: EasySaver Rewards, RedEnvelope Rewards or Preferred Buyers Pass, you might be entitled to a $20 credit and a cash refund under the settlement terms of EasySaver Rewards Litigation. This is case number 3:09-cv-02094-AJB out of the U.S. District Court for the Southern District of California. The lawsuit claims that the Membership Programs charged them fees after making a purchase without obtaining the proper consent or knowledge of the customer. Class member also state that these actions violated the California’s Consumers Legal Remedies Act, California’s Unfair Competition Law and the federal Electronic Fund Transfer Act. A 12.5 million dollar settlement fund has been developed despite the fact the The Defendants deny any and all actions of wrong doing. The websites in question in which the purchases were made include: ProFlowers.com, RedEnvelope.com, CherryMoonFarms.com, SecretSpoon.com and Berries.com. A class member must file a claim in order to receive a cash settlement. MembershipProgramSettlement.com defines a class member as anyone who placed an order with a website operated by Provide Commerce, Inc. and were then enrolled in one of the membership programs between the dates of August 19, 2005 and June 26, 2012. This is not the first or last time we will see a lawsuit revolving around a questionable membership program.
All class member have until December 10, 2012 to file a claim form. The claim form can be submitted online or by mail. A settlement fairness hearing will be held January 25, 2013 at 1:30 p.m to determine if the previous mentioned settlement terms are fair to the class members. The hearing will be held before Judge Anthony J. Battaglia at 940 Front Street, San Diego, CA 92101 in Courtroom 12. You do not have to attend the hearing in order to take part in the settlement. Class members will be represented by James R. Patterson, Bruce W. Steckler, Jennie Lee Anderson and Michael D. Singer.
