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Consumer Law
Consumer Protection
Gift Certificate Expiration Date

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)

Matthew E. Miller

Michael A. McShane
(Audet & Partners LLP)

Charles J. LaDuca
(Cuneo, Gilbert & LaDuca LLP)


Defendant

Michael M. Maya

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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