Who is a Class Member
Class members of the Sam’s Club Freshness Guarantee Class Action Settlement include anyone who “purchased certain Fresh Products from Sam’s Club and returned that product but did not receive the full value of the Freshness Guarantee during the applicable class periods”.
Fresh Products are defined in the Class Notice as certain fresh meat, seafood, produce or bakery items.
The settlement class period is based on the state in which you reside:
|Start Date||End Date||State|
|9/11/04||11/9/17||IA, IL, IN, LA, RI, WV, WY|
|9/11/08||11/9/17||AL, AZ, CT, GA, HI, MA, ME, MI, MN, MS, ND, NJ, NM, NV, NY, OR, SD, TN, UT, VT, WA, WI|
|9/11/09||11/9/17||AK, AR, CA, CO, DC, DE, FL, ID, KS, MD, MO, NC, NE, NH, OK, PA, SC, TX, VA|
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
- $10 Gift Card
Claimants can receive a $10 gift card redeemable towards purchases made at Walmart stores, Sam’s Club stores, walmart.com, or samsclub.com. The actual amount of the gift card could be higher or lower, depending on number of valid claims submitted.
Proof of Purchase
- Claimants will need to provide their Sam’s Club membership number and list the fresh goods items they returned on their proof of claim and verification form.
Claim & Verification Form
Sam’s Club Freshness Guarantee Settlement Notes
- Myriam Fejzulai, et al. v. Sam’s West, et al.
- Case No. 6:14-cv-03601-BHH
- Pending in the U.S. District Court for the District of South Carolina
In 2014, plaintiff Myriam Fejzulai brought this class action lawsuit against Sam’s Club alleging the wholesale retailer failed to fully honor its Freshness Guarantee with respect to certain fresh products.
Specifically, Fejzulai says Sam’s Club’s membership agreement guarantees that members will get a 200 percent refund on all meat, seafood, bakery, and produce items that were not fresh. However, during the course of her eight year membership, she has purchased and returned a significant number of “fresh” products but was never refunded more than the purchase price nor offered a replacement products, as her membership contract also includes a provision for. The lawsuit contends that Sam’s has treated thousands, if not millions, of its members who have returned good covered bythe 200% Freshness Guarantee in the same manner as Fejzulai.
Sam’s Club denies any and all liability or wrongdoing but has agreed to settle the allegations to avoid the cost of a trial and the risk, expense and distraction of continued litigation. Under the terms of the settlement, Sam’s Club will pay $6 million to cover the costs of settlement administration, attorney fees and expenses, and incentive awards for the Class Representatives. Eligible Class members who submit valid and timely claim forms will receive a $10 gift card that can be used towards purchases at Walmart stores, Sam’s Club stores, walmart.com, or samsclub.com.
Complete details are provided in the Class Notice, which is available on the Sam’s Club Freshness Guarantee Settlement website.
Class members who wish to exclude themselves or object to the terms of the Sam’s Club Freshness Guarantee Settlement must do so by March 26, 2018. Class members who wish to participate in the settlement must submit their claim form on or before March 26, 2018.
- 3/26/18: Claim Form Deadline
- 3/26/18: Objection or Exclusion Deadline
- 4/9/18: Final Hearing at 2:00 pm 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.SamsClubFreshnessSettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Sam’s Freshness Guarantee, RG/2 Claims Administration LLC, PO Box 59479, Philadelphia, PA 19102-9479
- Phone: 1-866-742-4955
- Fax: 1-215-979-1695
- Terry E. Richardson, Jr. and T. Christopher Tuck of Richardson Patrick Westbrook & Brickman LLC
- William D. Herlong of The Herlong Law Firm LLC
- Ali Abtahi of Abtahi Law Group