Smidga, et al. v. Bath & Body Works, LLC, and Victoria’s Secret Stores, LLC, GD-21-009142 (2024)

You received Notice because a Settlement has been reached in this Action. You might be a member of the Settlement Classand may be eligible for the relief detailed below.

The Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights andobligations. To obtain more information about the Settlement, including information about how you can see a copy of theSettlement Agreement (which defines certain capitalized terms used in this Notice), see Section 21 below.

PlaintiffsMalinda S. Smidga, Ashley Popa, Matilda Dahlin, Christina Calcagno, and Brian Calvert (the “Named Plaintiffs”)filed a lawsuit against Defendants on behalf of themselves and all others similarly situated. The lawsuit alleges thatDefendants printed more than the last five digits of credit card and debit card numbers on receipts provided to cardholdersat the point of sale in their Victoria’s Secret, PINK, and Bath & Body Works stores in violation of the Fair and AccurateCredit Transactions Act, 15 U.S.C. § 1681c(g)(1) between May 10, 2021 and August 8, 2021.

Defendants deny 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. Defendants further deny that anySettlement Class Member is entitled to any relief and, other than for Settlement purposes, that this Action is appropriate forcertification as a class action.

The issuance of this Notice is not an expression of the Court’s opinion on the merits or the lack of merits of the NamedPlaintiffs’ claims in the Action.

For information about how to learn about what has happened in the Action to date, please see Section 21 below.

Ina class action lawsuit, one or more people called “Named Plaintiff(s)” (in this Action, Malinda Smidga, Ashley Popa,Matilda Dahlin, Christina Calcagno and Brian Calvert) sue on behalf of other people who allegedly have similar claims. Forpurposes of this proposed Settlement, one court will resolve the issues for all Settlement Class Members. The companies sued in this case,Bath & Body Works, LLC and Victoria’s Secret Stores, LLC, are called the Defendants.

The Named Plaintiffs have made claims against Defendants. Defendants deny that they have done anything wrong or illegaland admit no liability. The Court has not decided that the Named Plaintiffs or Defendants should win this Action. Instead,both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the Settlement Class Members will receive reliefnow rather than years from now, if at all.

The Court has decided that everyone who fits the following description is a Settlement Class Member for purposes of the proposed Settlement:

All consumers who made a purchase at a Victoria’s Secret, PINK, or Bath & Body Works storeduring the Relevant Time Period and were provided a printed receipt at the point of sale thatdisplayed more than the last five digits of their credit card or debit card number.

The Relevant Time Period is different for each store. You can find the Relevant Time Period for the store you shopped at HERE.

Excluded from the Class are Defendants’ Counsel, Defendants’ officers and directors, Class Counsel, the judge presidingover the Action and any member of the judge’s immediate family, and any heirs, assigns and successors of any of the abovepersons or organizations in their capacity as such. Excluded from the Class are also all individuals who, prior to the executionof this Settlement Agreement, commenced separate litigation or arbitration involving the Fair and Accurate CreditTransactions Act against any Defendant regardless of the present status of such proceeding or any future developments therein.

If you only made an online purchase from Victoria’s Secret, PINK, or Bath & Body Works, if you only received an emailed receipt for an in-store purchase, or if you did not use a credit or debit card for your purchase, you are notincluded in the Settlement Class.

If you are still not sure whether you are included, you can write the Settlement Administrator for free help. The email address of the Settlement Administrator is [emailprotected], and the U.S. postal (mailing) address isSmidga v. Bath & Body Works Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134.

Defendants have agreed to provide each Settlement Class Member who timely and validly completes and submits a ClaimForm one (1) Voucher worth up to $15.00 to use on any single purchase at a Victoria’s Secret, PINK, or Bath & BodyWorks store. If you submit a claim for a purchase made at Victoria’s Secret or PINK, you will receive a Voucher usableonly at either of those stores; if you submit a claim for a purchase made at Bath & Body Works, you will receive a Voucherusable only at Bath & Body Works.

If you made a purchase at both Bath & Body Works and also at either Victoria’s Secret or PINK during the Relevant TimePeriod, you may submit a claim against both Defendants and will be eligible to receive two (2) Vouchers, one for each of the Defendant's stores.

You are entitled to receive only one Voucher per Defendant, even if you made multiple purchases at that Defendant’s store(s).

For Settlement Class Members who made one or more purchases using My Bath & Body Works Rewards or a Victoria’sSecret branded credit or debit card and who do not timely and validly complete and submit a Claim Form, Defendants haveagreed to automatically provide these Settlement Class Members with one (1) claimable Voucher worth up to $5.00 to use toward any single purchase at a Victoria’s Secret, PINK, or Bath & Body Works store.

To qualify for one (1) Voucher worth up to $15.00, you must complete and submit a Claim Form. A Claim Form is available by clicking HERE or under the File Claim tab of this website. The Claim Form may be submittedelectronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by July 16, 2024 or submitit online on or before 11:59 p.m. (Eastern) on July 16, 2024.

As describedin Sections 18 and 19 below, the Court will hold a hearing on October 24, 2024 at 10:00 a.m. Eastern, todecide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It’s always uncertainwhen any appeals will be resolved, and resolving them can take time, perhaps more than a year. You can check on theprogress of the case on this Settlement website. Please be patient.

Vouchers will be valid for six (6) months from the date they are sent to you. Vouchers are non-transferable and non-refundable. Vouchers are not redeemable for cash or gift cards. Vouchers may only be used towards a single purchase andmay not be used on third-party merchandise, fees (such as shipping and handling), gift wrap, or membership fees, and maynot be combined with other coupons, vouchers, or code-based offers. They cannot be used at outlet locations or storelocations outside the United States. The value of the Voucher does not count towards any shipping offers. If items purchasedwith a Voucher are returned, canceled, or exchanged, the Voucher’s value shall be deducted from any refund.

The Court has ordered that the law firm of Lynch Carpenter, LLP (“Class Counsel”) will represent the interests of all SettlementClass Members. You will not be separately charged for these lawyers’ services. If you want to be represented byyour own lawyer, you may hire one at your own expense.

Defendants have agreed to pay Class Counsel’s attorneys’ fees and costs up to $3,000,000.00, subject to approval by theCourt. You will not be required to pay any attorneys’ fees or costs. Please see paragraphs 2.5 and 2.6 of the SettlementAgreement, available HERE, for additional details.

The Named Plaintiffs will request service awards of up to $5,000.00 each for their service as Class representatives and theirefforts in bringing the Action. The Court will make the final decision as to the amount to be paid to the Class representatives.

Ifthe Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing yourclaims against Defendants. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuitor be part of any other lawsuit against Defendants regarding the claims in the Action. The Settlement Agreement, available under the Case Documents tab of this website, contains the full terms of the release.

Youmay exclude yourself (also called “opt out”) from the Class and the Settlement. If you want to be excluded, you mustsend a signed letter or postcard with: (a) your full name, address, and telephone number; (b) your personal and originalsignature (or the original signature of a person previously authorized by law, such as a trustee, guardian or person actingunder a power of attorney, to act on behalf of the Settlement Class Member); and (c) a clear statement that you wish to beexcluded from the Smidga, et. al. v. Bath & Body Works, LLC, and Victoria’s Secret Stores, LLC Settlement.

The request to exclude yourself must be postmarked no later than July 1, 2024 and mailed to the Settlement Administrator at:

Smidga v. Bath & Body Works Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134

If you timely request exclusion from the Class, you will be excluded from the Class, you will not receive a Voucher underthe Settlement, you will not be bound by the judgment entered in the Action, and you will not be precluded from prosecutingany timely, individual claim against Defendants based on the conduct complained of in the Action.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement, the proposed Settlement,attorneys’ fees, and/or any service awards, you must file with, mail to, or hand-deliver to the Court a written objection nolater than (i.e., filed, hand delivered, or postmarked by) July 1, 2024. At the same time you must deliver copies of the writtenobjection to the Settlement Administrator at the addresses set forth below:

Smidga v. Bath & Body Works Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134

Any written objections must be in writing and contain: (a) the name and case number of the Action; (b) the Settlement ClassMember’s full name, current address, and telephone number; (c) the Settlement Class Member’s original signature or thesignature of counsel for the Settlement Class Member; (d) a statement that the Settlement Class Member objects to theSettlement, in whole or in part; (e) a statement of the legal and/or factual basis for the Settlement Class Member’s objection;(f) facts supporting your status as a Settlement Class Member (e.g., the date and location of your relevant purchase(s)); (g) copies of any documents that the Settlement Class Member wishes to submit in support of the objection; and (h) thefollowing language immediately above the Settlement Class Member’s signature and date: "I declare under penalty ofperjury that the factual statements asserted herein are true and correct to the best of my knowledge and belief."

You may, but need not, submit your objection through counsel of your choice. If you do make your objection through anattorney, you will be responsible for your personal attorneys’ fees and costs.

IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALLOBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FINAL APPROVAL HEARING.

If you timely submit a written objection, you may appear at the Final Approval Hearing, either in person or through personalcounsel hired at your expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or theproposed Settlement, or to the award of attorneys’ fees. You are not required, however, to appear. If you, or your attorney,intend to make an appearance at the Final Approval Hearing, you must include on your timely and valid objection astatement substantially similar to “Notice of Intention to Appear”.

Ifyou intend to appear at the Final Approval Hearing through counsel, you must also identify the attorney(s) representingyou who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, email address,and the state bar(s) to which your counsel is admitted. Also, if you intend to request the Court to allow you to call witnessesat the Final Approval Hearing, such request must be made in your written objection, which must also contain a list of anysuch witnesses and a summary of each witness’s expected testimony.

Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you stayin 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.

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to theSettlement. This is called a Fairness Hearing or Final Approval Hearing. The purpose of the hearing is for the Court todetermine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the SettlementClass; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for service awards to the Named Plaintiffs. You may attend, but you do not have to.

On October 24, 2024, at 10:00 a.m. Eastern, 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 hearingwill take place before the Honorable Philip A. Ignelzi in Courtroom 820 of the Court of Common Pleas, County ofAllegheny, located at 414 Grant Street, Pittsburgh, PA 15219. The hearing may be postponed to a different date or time orlocation without notice. Please check this website for any updates about the Settlement generally or theFairness Hearing specifically. If the date or time or location of the Fairness Hearing changes, an update to the Settlementwebsite will be the only way you will be informed of the change.

At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.As described above in Question 16, you may speak at the Fairness Hearing only if (a) you have timely submitted anobjection, and (b) you have timely and validly provided a Notice of Intent to Appear.

If you have requested exclusion from the Settlement, you may not speak at the hearing.

To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application forattorneys’ fees and costs, and the operative complaint filed in the Action, please visit the Case Documents tab of this website.Alternatively, you may contact the Settlement Administrator at the email address [emailprotected], orthe U.S. postal (mailing) address: Smidga v. Bath & Body Works Settlement Administrator,P.O. Box 301134, Los Angeles, CA 90030-1134.

This description of the Action is general and does not cover all of the issues and proceedings that have occurred. In orderto see the complete file you may visit https://dcr.alleghenycounty.us/Civil/LoginSearch.aspx or visit the Clerk’s office at414 Grant Street, Pittsburgh, PA 15219. The Clerk will tell you how to obtain the file for inspection and copying at yourown expense.

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the addressbelow:

Smidga v. Bath & Body WorksSettlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134