Leah Mirabella, on behalf of herself and all others similarly situated v. Rue La La Inc., Kynetic LLC
Published: Mar. 7, 2015 | Result Date: Nov. 13, 2014 | Filing Date: Jan. 1, 1900 |Case number: 1:13-cv-11392-GAO Settlement – Vouchers
Court
USDC Massachusetts
Attorneys
Plaintiff
Erica C. Mirabella
(Mirabella Law LLC)
Michael A. McShane
(Audet & Partners LLP)
Charles J. LaDuca
(Cuneo, Gilbert & LaDuca LLP)
Defendant
Christian J. Pistilli
(Covington & Burling LLP)
Andrew J. Soukup
(Covington & Burling LLP)
Facts
Leah Mirabella filed a putative class action against Rue La La Inc. and Kynetic LLC, involving expired vouchers.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants issued electronic vouchers that had an expiration of less than five years, which violated the Electronic Funds Transfer Act, Massachusetts' gift certificate statute, and common law.
DEFENDANTS' CONTENTIONS:
Defendants denied any liability.
Result
The parties agreed to settle the dispute. Under the settlement, eligible class members, consisting of those who can certify that they that were unable to use the paid value of a qualifying voucher due to the voucher's expiration date, will be able to receive an account credit to their Rue La La account equal to the amount of money they paid to purchase a qualifying voucher. The account credit is redeemable for any future on-line purchase from RueLaLa.com, and expires five years from the date of issuance.
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