Frequently Asked Questions
- What is the lawsuit about?
- What does the Proposed Settlement Provide?
- How do I receive the refund benefit of the Settlement?
- How do I receive the gift card benefit of the Settlement?
- How do I receive the discount benefit of the Settlement?
- How do I object to the Settlement?
- How can I exclude myself from the Settlement?
- What products are covered by the Settlement?
- How do I get more information about the Settlement?
The lawsuit alleges that Bed Bath & Beyond, as well as Synergy, Inc., misrepresented the thread count in its two-ply bedding products sold in stores and on Bed Bath & Beyond's website by stating the number of threads in the warp and filling directions in one square inch of fabric, rather than the number of yarns. Bed Bath & Beyond and Synergy deny any wrongdoing and believes the signage, labeling and product samples available to its customers at the time of purchase provided its customers with complete and accurate information. The parties have reached a proposed settlement of the lawsuit, which has been preliminarily approved by the Court.
2. What does the Proposed Settlement Provide?
Subject to final approval, the parties have agreed to a settlement under which you may be entitled to receive:
- a refund of the purchase price of the Covered Products you purchased; or
- a $10.00 gift card from Bed Bath & Beyond; or
- a 20% discount certificate off any Bed Bath & Beyond purchase up to $250.00, for a maximum discount of $50.00.
Your eligibility depends upon whether you have a proof of purchase, and whether you wish to keep the Covered Products that you purchased.
3. How do I receive the refund benefit of the Settlement?
Provided that the Settlement is granted final approval, Class Members who have a store receipt, e-mail shipping confirmation or a packing list showing proof of purchase of Covered Products from Bed Bath & Beyond between August 1, 2000 and November 9, 2007 and who do not wish to keep their Covered Products, will receive a refund of their purchase price (not including sales tax).
In order to receive the refund, Class Members must complete, sign and file a Claim Form affirming under oath that they purchased Covered Product(s) from Bed Bath & Beyond during the Class Period and provide an original or copy of the proof of purchase. Claim Forms must be mailed with a postmark by May 13, 2008. If your claim is approved, you will be sent a refund certificate which you can redeem at a Bed Bath & Beyond store when you return your Covered Product(s). You must fill out a Claim Form for each receipt you have, so if you have multiple receipts, you will need to file multiple Claim Forms.
Bed Bath & Beyond has the right to investigate, verify and challenge any information and/or documents submitted with a Claim Form by bringing any such instances to the Court’s attention for resolution.
4. How do I receive the gift card benefit of the Settlement?
Provided that the Settlement is granted final approval, Class Members who have a store receipt, e-mail shipping confirmation or a packing list showing proof of purchase of Covered Products from Bed Bath & Beyond between August 1, 2000 and November 9, 2007, or Class Members who have a credit card or other bank statement showing a purchase greater than or equal to $125.00 from Bed Bath & Beyond between August 1, 2000 and November 9, 2007, and who choose to keep their Covered Products will receive a $10.00 Bed Bath & Beyond gift card for each product purchase claimed.
In order to receive the gift card(s), Class Members must complete, sign and file a Claim Form affirming under oath that they purchased Covered Products from Bed Bath & Beyond between August 1, 2000 and November 9, 2007 and provide an original or copy of the store receipt, e-mail shipping confirmation, a packing list or credit card or other bank statement. Claims must be mailed with a postmark by May 13, 2008. You must fill out a Claim Form for each receipt or credit card purchase, so if you have multiple receipts or credit card purchases, you will need to file multiple Claim Forms.
Bed Bath & Beyond has the right to investigate, verify and challenge any information and/or documents submitted with a Claim Form by bringing any such instances to the Court’s attention for resolution.
5. How do I receive the discount benefit of the Settlement?
Provided that the Settlement is granted final approval, Class Members who do not have a store receipt, e-mail shipping confirmation or a packing list showing proof of purchase of Covered Products from Bed Bath & Beyond between August 1, 2000 and November 9, 2007, and do not have a credit card or bank statement showing a purchase greater than or equal to $125 from Bed Bath & Beyond between August 1, 2000 and November 9, 2007, will receive a 20% discount certificate off any purchase at Bed Bath & Beyond. The purchase could include more than one item, but requires that all items be purchased at the same time. The discount is good on purchases up to $250.00, with a maximum discount of $50.00.
In order to receive the 20% discount certificate, Class Members must sign a Claim Form affirming under oath that they purchased Covered Products from Bed Bath & Beyond between August 1, 2000 and November 9, 2007 and providing details of that purchase including date of purchase, purchase price, store location or web store purchase, and type and size of bed product. The discount certificates will be freely transferable, will expire in 10 years, and can be used only in Bed Bath & Beyond stores and not online. They cannot be used in combination with other rebates or coupons for Bed Bath & Beyond products. Normal and customary product exclusions that are contained on all of Bed Bath & Beyond’s regularly issued store coupons will apply and only original discount certificates will be accepted. If you purchased items on different days, then you will have to fill out a separate claim for each day you purchased multi-ply bedding items.
Bed Bath & Beyond has the right to investigate, verify and challenge any information and/or documents submitted with a Claim Form by bringing any such instances to the Court’s attention for resolution.
6. How do I object to the Settlement?
If you believe the settlement is unsatisfactory, you may file a written objection by April 11, 2008 with the Clerk of the Court for the Federal District Court of New Jersey and send copies to the following Counsel representing the Class and Defendant:
Clerk of the Court:
Clerk of the Court
Federal District Court of New Jersey
50 Walnut Street
Newark, NJ 07102
Plaintiffs’ Counsel:
Edith M. Kallas, Esq.
Whatley Drake & Kallas, LLC
1540 Broadway, 37th Floor
New York, NY 10036
Defendant’s Counsel:
John F. Schultz, Esq.
Morgan, Lewis & Bockius LLP
1701 Market Street
Philadelphia, PA 19103
If you object to the settlement, you may not file a Claim Form for monetary benefits under the settlement.
7. How can I exclude myself from the Settlement?
You can "opt out" or exclude yourself from the Settlement by providing written notice by mail. This notice must include your name, current address, and the following statement: "I do not wish to be a part of this Settlement. I understand that if I am excluded, I will not be eligible to receive any benefits or proceeds of the Settlement. Please exclude me." This notice must be postmarked no later than March 21, 2008. Your written notice should be sent to:
BBB Thread Count Settlement Administrator
PO Box 6177
Novato, CA 94948-6177
If you "opt out" of the Settlement, you will not receive any money or benefits of the Settlement and will be responsible for any attorneys' fees and costs you incur if you choose to pursue your own lawsuit.
8. What products are covered by the Settlement?
Any multi-ply sheet sets, pillowcases, down comforters, bedskirts, shams, duvets and down pillows that were labeled as "plied," "two-ply" or "2-ply," purchased at Bed Bath & Beyond between August 1, 2000 and November 9, 2007 are covered by this Settlement.
For a complete list of Covered Products, click here.
9. How do I get more information about the Settlement?
A complete copy of the proposed Settlement may be examined during regular office hours at the Office of the Clerk of Court, 50 Walnut Street, Newark, New Jersey 07102.
Please do not contact the Court or Clerk for information.