Frequently Asked Questions

  1. Why did I receive a notice?

    A settlement has been reached in this Action. According to Lamps Plus’s available records, you might be a member of the Settlement Class and may be eligible for the relief (See FAQ 7).

    This website explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information about the Settlement see a copy of the Settlement Agreement.

    To view a copy of the Notice, click here.

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  2. What is this lawsuit about?

    Plaintiff Paige Petkevicius (the "Representative Plaintiff") filed a lawsuit against Lamps Plus on behalf of herself and all others similarly situated. The lawsuit alleges that Lamps Plus engaged in deceptive advertising by advertising purportedly improper discounts on merchandise.

    Lamps Plus 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. Lamps Plus 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.

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  3. Why is there a class action?

    In a class action lawsuit, one or more people called “Representative Plaintiff(s)” (in this Action, Paige Petkevicius) 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, Lamps Plus, is called the Defendant.

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  4. Why is there a settlement?

    The Representative Plaintiff has made claims against Lamps Plus. Lamps Plus denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Representative Plaintiff or Lamps Plus should win this Action. Instead, both sides agreed to a settlement. That way, they avoid the cost of a 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?

    The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement:

    All Lamps Plus customers who purchased Lamps Plus branded or trademarked merchandise bearing a "Compare At" price tag in the State of California from April 22, 2015, to October 11, 2019.

    Excluded from the Class are Lamps Plus's Counsel, Lamps Plus's officers, directors and employees, and the judge presiding over the Action.

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

    If you are still not sure whether you are included, you can write the Claims Administrator at the U.S. mailing address below:

    Lamps Plus Claims Administrator
    P.O. Box 3770
    Portland, OR 97208-3770

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

    Lamps Plus has agreed (1) to provide Class Members who received direct notice of this Settlement (via email or mail) and who do not timely request exclusion from or object to the Settlement and who do not submit a Claim Form with one Voucher good for $20.00 off a purchase in a Lamps Plus retail store in the United States (no minimum purchase), and (2) to provide Class Members who timely and validly complete a Claim Form with (at the Class Member’s selection) either a settlement check in the amount of $5.00 or one Voucher good for $20.00 off a purchase in a Lamps Plus retail store in the United States (no minimum purchase).

    Vouchers will not be stackable with each other and may not be combined with any other coupon or offer. The Vouchers may be used on items that are on sale. The Vouchers shall not be redeemable for cash, and will not be replaced if lost, stolen or damaged. The Vouchers will be transferable and have no expiration date.

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  8. How can I get a Voucher or settlement check?

    If you received direct notice of the Settlement by email or mail, you need not do anything to receive a Voucher.

    To qualify for a Voucher if you did not receive direct notice by email or mail, you must send in a Claim Form and provide proof of Qualifying Purchase. Acceptable proof of purchase can be provided by either submitting a Lamps Plus receipt or signing under penalty of perjury and identifying the month and year of purchase, the location of the store where the purchase was made, and a description of the product.

    If you choose to receive a settlement check, regardless of if you received notice of the Settlement by email or mail, you must send in a Claim Form. You must (i) verify your identity and contact information in response to the Notice you received, such that the Claims Administrator can deliver a Claim Form to you; and (ii) complete, sign under penalty of perjury, and return the Claim Form to the Claims Administrator.

    The Claim Form may be submitted electronically or by postal mail. You can file a claim online by clicking here, otherwise click here to download a copy of the paper claim form. Read the instructions carefully, fill out the form, and postmark it by March 4, 2020 or submit it online on or before 11:59 p.m. PT on March 4, 2020.

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  9. When will I get my Voucher or settlement check?

    The Court will hold a hearing on April 3, 2020, at 9:00 a.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. This website will be updated as the Settlement progresses. Please be patient.

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  10. Do I have a lawyer in the case?

    The Court has ordered that the law firm of Carlson Lynch 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?

    Lamps Plus has agreed to pay Class Counsel's attorneys' fees and costs up to $700,000, subject to approval by the Court. You will not be required to pay any attorneys' fees or costs. Please see paragraphs 2.7 and 2.8 of the Settlement Agreement for additional details.

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

    The Representative Plaintiff will request a service award of up to $2,500 for her service as class representative and her effort in bringing the Action. The Court will make the final decision as to the amount to be paid to the class representative.

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

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

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  14. How do I exclude myself from the Settlement?

    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:

    1. The name and case number of the Action;
    2. Your full name, address, and telephone number;
    3. A statement that you do not wish to participate in the Settlement.

    Requests for exclusion must be postmarked no later than February 3, 2020, to the Claims Administrator at the following address:

    Lamps Plus Claims Administrator
    P.O. Box 3770
    Portland, OR 97208-3770

    If you timely request exclusion from the Class, you will be excluded from the Class, you will not receive a Voucher or settlement check 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 Lamps Plus 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?

    The Court will hold a Fairness Hearing on April 3, 2020, at 9:00 a.m. 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 award to the Representative Plaintiff.

    If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must submit a written objection to the Claims Administrator at the address below postmarked no later than February 3, 2020.

    Lamps Plus Claims Administrator
    P.O. Box 3770
    Portland, OR 97208-3770

    Any written objections must 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., the date and location of his/her relevant purchases and description of the item(s) purchased);
    6. The Class Member’s signature and the 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.

    IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.

    If you submit a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the award of attorneys’ fees. You are not required, however, to appear. If you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid objection a statement substantially similar to “Notice of Intention to Appear.”

    If you intend to appear at the Fairness Hearing through counsel, you must also identify the attorney(s) representing you who will appear at the Fairness Hearing and include the attorney(s) name(s), address(s), phone number(s), email address(es), and the state bar(s) to which counsel is admitted. Also, if you intend to request the Court to allow you to call witnesses at the Fairness Hearing, such request must be made in your written objection, which must also contain a list of any such witnesses and a summary of each witness’s expected testimony.

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

    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 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?

    The Court has preliminarily 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 a service award to the Representative Plaintiff. You may attend, but you do not have to.

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  18. When and where is the Fairness Hearing?

    On April 3, 2020, at 9:00 a.m. PT, 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 Joel R. Wohlfeil in Department 73 of the Superior Court of California, County of San Diego, located at 330 West Broadway, San Diego, CA 92101.

    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 Fairness Hearing?

    At that Hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement. You may speak at the Fairness Hearing only if (a) you have timely submitted an objection, and (b) you have timely and validly provided a Notice of Intent to Appear. See FAQ 15 for more information.

    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?

    For more detailed information, please review copies of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs (when available), and the operative complaint filed in the Action, all available on the Important Documents section of this website. Alternatively, you may contact the Claims Administrator at:

    Lamps Plus Claims Administrator
    P.O. Box 3770
    Portland, OR 97208-3770
    1-877-804-6510

    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 330 West Broadway, San Diego, CA 92101. The Clerk will tell you how to obtain the file 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 THE JUDGE.

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

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

    Lamps Plus Claims Administrator
    P.O. Box 3770
    Portland, OR 97208-3770

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