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May 15, 2006
If You Use A Wheelchair or Scooter and Shopped At Kmart, You Could Get A Payment From A Class Action Settlement.
Date: Mon, 15 May 2006 11:05:10 -0400
From: Justice For All Moderator
Subject: KMART Class Action Settlement
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Legal Notice
If You Use A Wheelchair or Scooter and Shopped At Kmart, You
Could Get A Payment From A Class Action Settlement.
Who?
You are included in this lawsuit if you use a wheelchair or
scooter and shopped at Kmart, will shop at Kmart, or would have
shopped at Kmart but for access problems, between May 6, 2003
and the end of the settlement term (approximately 2014) ("Class
Members"). If you shopped at Kmart in California,
Colorado, Hawaii, Massachusetts, New York, Oregon or Texas
("Damages States") between May 6, 2003 and now, you may be
eligible for monetary recovery.
What?
The lawsuit sought to make Kmart alter its stores with respect
to access for people who use wheelchairs or scooters and
damages in an amount specified by statute ("statutory minimum
damages") for people who shopped or shop at Kmart in
Damages States ("Damages Sub-Class Members"). Kmart denied
liability. The Court did not decide which side was right. Under
the settlement, Kmart will make alterations to its stores and
pay $13 million ($8 million in cash and $5 million in gift
cards). Qualifying Damages Sub-Class Members can obtain
monetary recovery.
How?
The detailed notice package contains everything you need to
make a claim. Call the number below or visit the website below
to get one. To qualify for a payment, you must submit a claim
by August 16, 2006.
Effect?
If you are a Damages Sub-Class Member and don't want to be
bound by the settlement's monetary provisions, you must exclude
yourself by July 7, 2006. If you exclude yourself, you can't
get money from this settlement. If you don't exclude yourself,
you will release all claims for statutory minimum damages
relating to accessibility of Kmart stores in Damages States for
people who use wheelchairs or scooters for the period from May
6, 2003 through the end of the settlement term (approximately
2014). Class Members can't exclude themselves from the non-
monetary parts of the settlement and will release non-monetary
claims against Kmart relating to store access through the end
of the settlement term. If you wish to object to the
settlement, you must do so by July 7, 2006. The detailed notice
explains how to exclude yourself or object.
The U.S. District Court in Denver, Colorado will hold a hearing
before Judge John L. Kane on July 27, 2006 at 10 a.m. to
consider whether to approve the settlement and a request for
attorneys' fees by lawyers representing the class. The detailed
notice explains how you or your attorney can participate in
that hearing.
THIS IS AN INCOMPLETE SUMMARY OF THE SETTLEMENT. Please Call
The Number Below or Visit The Website Below For The Full
Summary.
888-366-5352 or 888-252-4449 (TTY)
www.KmartAccessSettlement.com
Posted by JoAnn P.