Who is a Class Member
Class members of the Wines “Til Sold Out Price Scheme Settlement include any U.S. resident who purchased wine from WTSO.com at any point from March 15, 2010 to November 1, 2016.
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Class members who submit a valid and timely verification form will receive credits to purchase wine on WTSO.com as follows:
- For every bottle of wine listed on Exhibit A purchased during the Class Period for $12.99 or less, the Class Member will receive a credit of $1.75.
- For every bottle of wine listed on Exhibit A purchased during the Class Period for $13.00-$18.99, the Class Member will receive a credit of $2.00.
- For every bottle of wine listed on Exhibit A purchased during the Class Period for $19.00 or greater, the Class Member will receive a credit of $2.25.
- For every bottle of wine listed on Exhibit B purchased during the Class Period for $19.99 or less, the Class Member will receive a credit of $0.50.
- For every bottle of wine listed on Exhibit B purchased during the Class Period for $20.00 or greater, the Class Member will receive a credit of $0.75.
- For every bottle of wine not listed on Exhibit A or B purchased during the Class Period, the Class Member will receive a credit of $0.20.
Class members will not receive a credit for any bottle of wine for which they received a refund. WTSO will identify on its website which wines are eligible for credit use.
Proof of Purchase
- To qualify for credit(s), Settlement Class Members must complete and submit the verification form, and list the wines for which they previously received a refund and the approximate date(s) of the refund.
Wines ‘Til Sold Out Settlement Notes
- Cannon, et al. v. Ashburn Corporation, et al.
- Case No. 1:16-cv-01452-RMB-AMD
- Pending in the U.S. District Court for the District of New Jersey
In November 2016, plaintiffs Kyle Cannon, Lewis Lyons, and Dianne Lyons filed this class action lawsuit alleging that certain wines on WTSO.com were not sold anywhere at the purported “Original Price”, the discount advertised by Wines “Til Sold Out were fake, and that consumer were actually not buying wines at a discount as indicated by WTSO. The plaintiffs also allege that Wines “Til Sold Out offered wines that were available elsewhere but stated the “Original Price” was higher than the price set by the winery itself.
Shortly after the filing of this complaint, WTSO made changes to its advertising practices, replacing the term “Original Price” with the term “Comparable Price” on its website.
Wines ‘Til Sold Out maintains that the “Original Price” it advertised was the suggested retail price provided to it when it purchased the wine and was an accurate reflection of the value of the wine it sold. The company denies all liability but agreed to settlement to avoid the risk and costs of further litigation.
The Frequently Asked Questions section on the settlement website further summarizes the terms of the settlement and how Class Members can file a claim for credit(s). Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Wines ‘Til Sold Out Settlement website.
Class members who wish to exclude themselves or object to the terms of the Wines ‘Til Sold Out Class Action Settlement must do so by February 16, 2018. Class members who wish to submit a claim for credit(s) must do so by April 19, 2018.
- 4/19/18: Verification Form Deadline
- 2/16/18: Objection or Exclusion Deadline
- 3/19/18: Final Fairness Hearing at 10:00 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.winesettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Cannon v. Ashburn Corporation d/b/a Wines ‘Til Sold Out Class Action Settlement, c/oKurtzman Carson Consultants, PO Box 404041, Louisville, KY 40233-4041
- Phone: 1-866-652-8231
- Email: firstname.lastname@example.org
- Oren Giskan of Giskan Solotaroff & Anderson LLP
- James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC
- Thomas Rosenthal of Law Offices of Thomas Rosenthal
- Edward Hernstadt of Hernsttadt Atlas PLLC