Barba v. Old Navy et al.

Frequently Asked Questions

1. BACKGROUND INFORMATION

1. Why is there a notice?

   The Court authorized a notice because a Settlement has been reached in this Action. If you received a notice by email you might be a member of the Settlement Class and may be eligible for the relief detailed below, according to Old Navy’s records.

   The Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information including a copy of the Settlement (which defines certain capitalized terms used in the Notice), Claim Form and Certain Court Documents, please visit the Important Documents page of this website.

2. What is this lawsuit about?

   Plaintiffs Anastasha Barba, James Andrews, Anna Nemykina and Brenda Tripicchio, (the “Representative Plaintiffs”) filed a lawsuit against Old Navy on behalf of themselves and all others similarly situated. The lawsuit alleges that Old Navy engaged in deceptive advertising by advertising false reference prices on merchandise in-store and online at Old Navy and Old Navy Outlets in the United States.

   Old Navy 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. Old Navy 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.

   The issuance of the Notice is not an expression of the Court’s opinion on the merits, or lack thereof, of the Representative Plaintiffs’ claims in the Action.

3. Why is this a class action?

   In a class action lawsuit, one or more people called “Representative Plaintiff(s)” (in this Action, Anastasha Barba, James Andrews, Anna Nemykina and Brenda Tripicchio,) 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 companies sued in this case, Old Navy, LLC, Old Navy Apparel, LLC, Old Navy Holdings, LLC, GPS Services, LLC, and The Gap, Inc., are called the Defendants.

4. Why is there a settlement?

   The Representative Plaintiffs have made claims against Old Navy. Old Navy denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Representative Plaintiffs or Old Navy 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.

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 United States citizens who made one or more purchases in-store at an Old Navy Store or Old Navy Outlet Store located in the United States, excluding purchases made while in Missouri, or online from the Old Navy website between November 12, 2015 and December 2, 2021, the date of entry of the Preliminary Approval Order.

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 for free help. The email address of the Claims Administrator is info@ONPricingSettlement.com and the U.S. postal (mailing) address is Old Navy Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.

7. THE PROPOSED SETTLEMENT

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

   Old Navy has agreed to provide Class Members with a Settlement Purchase Certificate or Settlement Purchase Certificates good for purchase in an Old Navy or an Old Navy Outlet store. The number and amount of Settlement Purchase Certificate(s) available to each Class Member depends on the total of the Class Member’s Qualifying Purchases made between November 12, 2015 and December 2, 2021.

   A Class Member who submits a timely and sufficient Claim Form (“Authorized Claimant”) shall be able to identify the form of Settlement Purchase Certificate he or she wishes to receive on the Claim Form.

   1. A Tier 1 Authorized Claimant is one who does not submit proof of Qualifying Purchase(s), or submits proof of Qualifying Purchase(s) that are less than $90.00, with his or her timely and valid Claim Form. To each Tier 1 Authorized Claimant, Old Navy shall issue one (1) Settlement Purchase Certificate for $5 for any purchase or off any purchase (no minimum purchase required).
   2. Tier 2 Authorized Claimants: A Tier 2 Authorized Claimant is one who has Qualifying Purchase(s) during the Class Period totaling $90.00 or more and submits proof of such purchase(s) with their timely and valid Claim Form. To each Tier 2 Authorized Claimant, Old Navy shall issue two (2) Settlement Purchase Certificates for a total value of $10 for any purchase or off any purchase (no minimum purchase required).

   Settlement Purchase Certificates are single-use vouchers usable for the purchase of merchandise and will be valid for 1 year. No more than two of the Settlement Purchase Certificates can be used on a single transaction. The Settlement Purchase Certificates may be used on items that are on sale or otherwise discounted. The Settlement Purchase Certificates shall not be redeemable for cash, may not be used to purchase gift cards, will not be replaced if lost, stolen or damaged, and if there is any balance left after the single permitted use, the balance will be forfeited. The Settlement Purchase Certificates are transferable

8. HOW TO REQUEST A PURCHASE CERTIFICATE– SUBMITTING A CLAIM FORM

8. How can I choose the Settlement Purchase Certificate(s) I want?

   In order to receive a Purchase Certificate, you must submit a completed Claim Form. You may file a claim online by clicking HERE or you may download a Claim Form by clicking HERE. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by May 31, 2022 or submit it online on or before 11:59 p.m. (Pacific) on May 31, 2022.

9. When will I get my Settlement Purchase Certificate?

   As described in FAQ 17 and 18, the Court will hold a hearing on March 16, 2022, to decide whether to approve the Settlement. You can continue to monitor the progress of the case on this website.

10. THE LAWYERS IN THIS CASE AND THE REPRESENTATIVE PLAINTIFFS

10. Do I have a lawyer in this case?

    The Court has ordered that the law firm of DeNittis Osefchen Prince, P.C., and Hattis & Lukacs, LLC (“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.

11. How will the lawyers be paid?

    Old Navy has agreed to pay Class Counsel’s attorneys’ fees and costs up to $3,750,000 subject to approval by the Court. You will not be required to pay any attorneys’ fees or costs. Please see Section 2.5 of the Settlement Agreement, available HERE for additional details.

12. Will the Named Plaintiffs receive any compensation for their efforts in bringing this Action?

    The Representative Plaintiffs will request a service award of up to $2,500 each for their services as class representatives and their efforts in bringing the Action. The Court will make the final decision as to the amount to be paid to the class representatives, and the amount awarded will not reduce the benefits available to you under the Settlement.

13. DISMISSAL OF ACTION AND RELEASE OF ALL CLAIMS

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

    If the Court approves the proposed Settlement, you will be releasing your claims against Old Navy unless you exclude yourself from the Settlement. 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 Old Navy regarding the claims in the Action. The Settlement, available by clicking HERE, contains the full terms of the release.

14. HOW TO EXCLUDE YOURSELF FROM THE SETTLEMENT

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: (a) the name and case number of the Action; (b) the full name, address, and telephone number of the person requesting exclusion; and (c) a statement that he/she does not wish to participate in the Settlement, postmarked no later than February 16, 2022 to the Claims Administrator at:

    Class Action Opt-Outs
    ATTN: Old Navy Settlement
    PO Box 58220
    Philadelphia, PA 19102

    You must timely request exclusion from the Class to be excluded and not receive a Purchase Certificate 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 Old Navy based on the conduct complained of in the Action.

15. HOW TO OBJECT TO THE SETTLEMENT

15. How do I tell the Court that I disagree with the Settlement?

    At the date, time, and location stated in FAQ 18 below, the Court will hold a Fairness Hearing 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 awards to the Named Plaintiffs.

    If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you may submit a written objection to the Court, Class Counsel and Defense Counsel at the addresses set forth below no later than (i.e., postmarked by) February 16, 2022.

    COURT	CLASS COUNSEL	DEFENSE COUNSEL
    Superior Court of the State of California for the County of San Francisco, 400 McAllister St. San Francisco CA 94102.	Stephen P. DeNittis DeNITTIS OSEFCHEN PRINCE, PC 5 Greentree Centre 525 Route 73 North, Suite 410 Marlton, NJ 08053	Joseph Duffy MORGAN, LEWIS & BOCKIUS LLP 300 South Grand Avenue Twenty Second Floor Los Angeles, CA 90071-3132

    Any written objections should contain: (1) the name and case number of the Action; (2) your 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 your status as a Class Member (e.g., either any unique identifier included by the Settlement Administrator in your notice, or the date and location of your relevant purchases); (6) your signature and the date; and (7) the following language immediately above the your 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.

    Class Members have the option to appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of the Settlement, the award of attorneys’ fees and costs, or the proposed incentive awards to the Class Representatives. However, Class Members (with or without their attorneys) intending to make an appearance at the Fairness Hearing must so inform the Parties and the Court on or before August 5, 2019 by providing a “Notice of Intention to Appear” to the Court, Class Counsel, and Defendant’s Counsel at the address listed above.

16. What is 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.

17. FAIRNESS HEARING

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. You may attend, but you do not have to. 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 service awards to the Representative Plaintiffs. Class Counsel will file with the Court their motions for final approval of the Settlement no later than February 1, 2022 and for an award of attorneys’ fees and costs and Class Representatives’ service payments no later than February 1, 2022.

18. When and where is the Fairness Hearing?

    On March 16, 2022 at 9:30 AM (PST), 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 Ethan P. Schulman. of the Superior Court of the State of California for the County of San Francisco, located at 400 McAllister St., San Francisco CA 94102. The hearing may be postponed to a different date or time or location without notice. Please check www.ONPricingsettlement.com 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 the Settlement website will be the only way you will be informed of the change

19. May I speak at the Fairness Hearing?

    At the Fairness Hearing, the Court will hear any objections and arguments concerning the fairness of the Settlement. As described above in FAQ 15, you may speak at the Fairness Hearing only if you have timely and validly provided a Notice of Intention to Appear. If you have requested exclusion from the Settlement, you may not speak at the Fairness Hearing.

20. ADDITIONAL INFORMATION

20. How do I get more information?

    To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, and the operative complaint filed in the Action, please visit the Important Documents page of this website. Alternatively, you may contact the Settlement Administrator at the email address Info@ONPricingSettlement.com or the U.S. postal (mailing) address: Old Navy Settlement Administrator, 1650 Arch St., Suite 2210, Philadelphia, PA 19103.

    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 400 McAllister Street, San Francisco, CA 94102. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

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 Settlement Administrator of your updated information. You may do so at the address below:

    Old Navy Settlement Administrator
    1650 Arch St., Suite 2210
    Philadelphia, PA 19103

    
    

DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANT, OR DEFENDANT’S COUNSEL.