NOTICE TO CLASS MEMBERS RE: PENDENCY OF CLASS ACTION SETTLEMENT AND NOTICE OF HEARING ON PROPOSED SETTLEMENT If you purchased goods or services using a credit card from a Lowe s store in Massachusetts during the period of time between June 3, 2009 and April 22, 2015, and the register clerk requested your ZIP code (other than for shipping, installation, or delivery purposes), then you may be entitled to a benefit from a class action settlement. A federal court authorized this notice. This is not a solicitation from a lawyer. This notice informs you about a pending class action lawsuit entitled Rich, et al. v. Lowe s Home Centers, Inc., Case No. 3:13-cv-30144-MGM in the United States District Court, District of Massachusetts (the Action ) and a proposed settlement on behalf of a certain class of persons. The settlement will provide a Lowe s Gift Card to Class Members who submit a timely and valid Claim Form. The amount of the Gift Card is presently undetermined and depends upon the number of timely, complete and valid claims. The established Gift Card Fund of $300,000.00 minus all costs of settlement administration (including notice) and the payments to the class representative plaintiffs shall be evenly divided by the number of timely, complete and valid Claim Forms submitted. In no event shall the amount of a Gift Card exceed $25.00. Your legal rights are affected whether you act or do not act. Please read this entire notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT RECEIVE SETTLEMENT BENEFIT You must follow the instructions set forth in this notice and submit a Claim Form to receive a Settlement benefit. EXCLUDE YOURSELF Get no Settlement benefit and be able to bring your own suit. OBJECT Write to the Court about why you do not like the Settlement. GO TO A HEARING Ask to speak in Court about the fairness of the Settlement. These rights and options and the deadlines to exercise them are explained in this notice. This Notice to Class Members Re: Pendency of Class Action Settlement and Notice of Hearing on Proposed Settlement is qualified in its entirety by the proposed Settlement Agreement on file with the Court. The Court in charge of this case still has to decide whether to approve the Settlement. Settlement benefits will become available if the Court approves the Settlement and after any appeals are finished. Please be patient. LHRNTW1
WHAT THIS NOTICE CONTAINS BASIC INFORMATION... Page 3 1. Why did I get this notice? 2. What is this lawsuit about? 3. Why is this a class action? 4. Why is there a Settlement? WHO IS IN THE SETTLEMENT... Page 4 5. How do I know if I am part of the Settlement? THE SETTLEMENT BENEFITS WHAT YOU GET... Page 4 6. What does the Settlement provide? HOW YOU CAN PARTICIPATE IN THE SETTLEMENT... Page 4 7. How can I participate in the Settlement? 8. When would I receive my Settlement benefit? 9. What am I giving up to stay in the Class? EXCLUDING YOURSELF FROM THE SETTLEMENT... Page 6 10. How do I get out of the Settlement? 11. If I do not exclude myself, can I sue Lowe s for the same thing later? 12. If I exclude myself, can I get benefits from this Settlement? THE LAWYERS REPRESENTING YOU... Page 6 13. Do I have a lawyer in the case? 14. How will the lawyers be paid? OBJECTING TO THE SETTLEMENT... Page 7 15. How do I tell the Court that I do not like the Settlement? 16. What is the difference between objecting and excluding myself from the Settlement? THE COURT S FINAL APPROVAL HEARING... Page 7 17. When and where will the Court decide whether to approve the Settlement? 18. Do I have to come to the hearing? 19. May I speak at the hearing? IF YOU DO NOTHING... Page 8 20. What happens if I do nothing at all? GETTING MORE INFORMATION... Page 8 21. Are there more details about the Settlement? 22. How do I get more information? - 2 -
BASIC INFORMATION 1. Why did I get this notice? The Court ordered this notice because you have a right to know about a proposed Settlement of a class action lawsuit of which you may be a member, and about your options, before the Court decides whether to approve the Settlement. If the Court approves it and after any objections and appeals are resolved, eligible Class Members will be provided a Lowe s Gift Card. The amount of the Gift Card is presently undetermined and depends upon the number of timely, complete and valid claims. The established Gift Card Fund of $300,000.00 minus all costs of settlement administration (including notice) and the payments to the class representative plaintiffs shall be evenly divided by the number of timely, complete and valid Claim Forms submitted. In no event shall the amount of a Gift Card exceed $25.00. This notice explains the Action, the Settlement, your legal rights, the benefits available, who is eligible for them, and how to get them. The Court in charge of the case is the United States District Court for the District of Massachusetts and the case is entitled Rich, et al. v. Lowe s Home Centers, Inc., Case No. 3:13-cv-30144-MGM. The persons who sued are called the Plaintiffs, and the company they sued, Lowe s Home Centers, Inc. (now known as Lowe s Home Centers, LLC) ( Lowe s ), is called the Defendant. 2. What is this lawsuit about? The lawsuit claimed that Lowe s requested and recorded customer ZIP codes (other than for shipping, installation, or delivery purposes) as part of transactions involving the purchase of merchandise when the customer paid with a credit card. The lawsuit further alleges that this practice took place at Lowe s Massachusetts stores and violated Massachusetts law. Lowe s denies the allegations of unlawful conduct and no court or other entity has made any judgment or determination of liability. Lowe s further denies that any Class Member is entitled to any relief, and, other than for settlement purposes, that this lawsuit is appropriate for certification as a class action. Lowe s policy in stores located in Massachusetts prior to 2012 was to request zip codes only in limited circumstances. Before the filing of the lawsuit, Lowe s changed its policy in Massachusetts stores and it now requests zip codes only in certain circumstances, such as where the information is needed to complete the sale (e.g., where a customer requests home delivery). 3. Why is this a class action? In a class action, one or more people, called Class Representatives (in this case Emily Rich and Michael Pietrantonio), sue on behalf of people who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who ask to be excluded from the Class. U.S. District Judge Mark G. Mastroianni is presiding over this Action. 4. Why is there a Settlement? The Court has not decided in favor of Plaintiffs or Defendant. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the people affected will benefit. The Class Representatives and their attorneys think the Settlement is best for the Class Members. The Settlement was reached through arm s-length negotiations between the Parties with the assistance of a neutral mediator, the Honorable Stephen E. Neel (retired). The Honorable Mark G. Mastroianni, United States District Court Judge, has determined that this Action should proceed as a class action for the purposes of settlement only and has granted preliminary approval of the settlement, subject to a Final Approval Hearing discussed below. - 3 -
WHO IS IN THE SETTLEMENT 5. How do I know if I am part of the Settlement? You are part of the Settlement if: You used a credit card issued for consumer credit purposes to purchase goods or services from a Lowe s retail store (either in person or over the phone) in the State of Massachusetts between the dates of June 3, 2009 and April 22, 2015; and A Lowe s employee requested and recorded your ZIP code in conjunction with the credit card transaction, unless the information was requested for shipping, installation or delivery purposes. 6. What does the Settlement provide? THE SETTLEMENT BENEFITS WHAT YOU GET Lowe s has agreed to fund a Gift Card Fund in the amount of $300,000.00 under the Settlement. All Class Members who do not opt out of the Settlement and who submit a timely and valid Claim Form shall receive a Gift Card. The actual amount of each Gift Card will be determined by the number of qualifying Claims approved by the Settlement Administrator and calculated as follows: $300,000.00 minus all costs of settlement administration (including notice) and the payments to Class Representatives, divided by the number of timely and valid Claim Forms approved by the Settlement Administrator. In no event shall the amount of a Gift Card exceed $25.00. Any remaining funds in the Gift Card Fund shall be donated to Habitat for Humanity. The Parties have agreed that, subject to the Court s final approval, the Class Representatives shall be entitled to an incentive award of not more than $2,500.00 per Class Representative ($10,000.00 collectively). This payment will be part of, and deducted from, the Gift Card Fund. The Parties have agreed that, subject to the Court s final approval, Class Counsel shall be entitled to an award of attorney s fees and costs of up to $100,000.00. The payment of Class Counsel s attorney s fees and costs will not affect the benefits provided to the Class Members. 7. How can I participate in the Settlement? HOW YOU CAN PARTICIPATE IN THE SETTLEMENT If you want to receive the benefits offered under this Settlement, then you will need to fill out a valid Claim Form. On the Claim Form, you will provide your name, contact information, and you will attest that when you made a purchase from a Lowe s store in Massachusetts with a credit card issued for consumer credit purposes, a Lowe s employee requested and recorded your ZIP code in conjunction with the credit card transaction, and your ZIP Code was not requested for shipping, installation or delivery purposes. The Claim Form may be accessed at the website www.mazipcodesettlement.com. The Claim Form must be submitted by mail to the Settlement Administrator at the following address: Rich v. Lowe s Home Centers, Inc. Settlement Administrator P.O. Box 40007 College Station, TX 77842-4007 - 4 -
The Claim Form must be postmarked by July 27, 2015, to be considered timely. Alternatively, you may submit the Claim Form through the website, www.mazipcodesettlement.com, by following the directions posted there. If you use this option, the Claim Form must be submitted no later than July 27, 2015. If the Court approves the Settlement, the Claim Form will be reviewed by the Settlement Administrator, and if you are eligible and you submitted a timely and valid Claim Form, you will receive a Gift Card. In the event your Claim Form is incomplete or not properly signed, the Settlement Administrator shall mail you a notice of deficiency with a copy of your defective Claim Form. You will be given fourteen (14) days from the date the notice of deficiency was mailed to cure the defect(s) and return the corrected Claim Form to the Settlement Administrator. If the corrected Claim Form is not completely corrected and postmarked or submitted through the Settlement Administrator s website, www.mazipcodesettlement.com within the fourteen (14) day period, it shall be deemed untimely and rejected. You can check on the progress of the Settlement by visiting the website, www.mazipcodesettlement.com. 8. When would I receive my Settlement benefit? The Court will hold a hearing on September 9, 2015, at 11:00 a.m. at the United States District Court for the District of Massachusetts, Springfield Division, Hampden Courtroom, 300 State Street, Springfield, Massachusetts 01105, to decide whether to approve this Settlement. If the Court approves the Settlement after that, there may be appeals. It is always uncertain when these appeals can be resolved. You may continue to check on the progress of the Settlement by visiting the website, www.mazipcodesettlement.com. 9. What am I giving up to stay in the Class and receive a benefit? Unless you exclude yourself, you are staying in the Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Lowe s and certain affiliated companies and people about the legal issues in this case if the Settlement is approved. It also means that all of the Court s orders will apply to you and legally bind you. This is true even if you do not submit a Claim Form or receive a Gift Card. Upon this Settlement becoming final, Plaintiffs and all Participating Class Members shall be deemed to hereby fully and irrevocably release, waive, and discharge Lowe s and each of its respective present and former parent companies, subsidiaries, related or affiliated companies, shareholders, officers, directors, employees, agents, attorneys, insurers, successors and assigns, any individual or entity which could be jointly liable with Lowe s, or any of them, and their counsel of record, from any and all claims, demands, rights, liabilities, and causes of action of every nature and description whatsoever, whether known or unknown, that were asserted in the Action or could have been asserted under the claims and/or facts alleged in the Action, whether in tort, contract, statute, rule, ordinance, order, regulation, or otherwise, including Massachusetts General Laws chapter 93, section 105, Massachusetts General Laws chapter 93A, sections 2 and 9, and any common law claim for unjust enrichment. Plaintiffs and each Class Member fully understand that the facts upon which the Settlement was made may be found hereafter to be other than or different from the facts now believed by Plaintiffs, the Class Members and Class Counsel to be true and expressly accept and assume the risk of such possible differences in facts and agree that the Settlement shall remain effective notwithstanding any such difference in facts. - 5 -
EXCLUDING YOURSELF FROM THE SETTLEMENT If you do not want to participate in this Settlement, but you want to keep the right to sue or continue to sue Lowe s on your own about the legal issues in this case, then you must take steps to get out. This is called excluding yourself, and is sometimes referred to as opting out of the Class. 10. How do I get out of the Settlement? To exclude yourself from the Settlement, you must complete an Election Not to Participate in Settlement form. This form is available at the website, www.mazipcodesettlement.com. You may also write a letter to the address below, identifying yourself and stating that you wish to be excluded from the Settlement. The letter shall contain your full name, current mailing address, telephone number, signature, and the statement I want to be excluded from the settlement class in Rich V. Lowe s Home Centers, Inc. You must mail your form or letter to the Settlement Administrator postmarked no later than August 10, 2015, to: Rich v. Lowe s Home Centers, Inc. Settlement Administrator P.O. Box 40007 College Station, TX 77842-4007 You cannot exclude yourself on the phone or by e-mail. If you exclude yourself from the Settlement, you will not get any Settlement benefit, and you cannot object to the Settlement. You will also not be legally bound by anything that happens in this Action. You may be able to sue (or continue to sue) Lowe s in the future. 11. If I do not exclude myself, can I sue Lowe s for the same thing later? No. Unless you exclude yourself, you give up the right to sue Lowe s for the claims that this Settlement resolves even if you do not submit a Claim Form or receive a Gift Card. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the deadline to exclude yourself is August 10, 2015. 12. If I exclude myself, can I get benefits from this Settlement? No. If you exclude yourself, you cannot seek benefits under the Settlement. But, you may sue, continue to sue, or be part of a different lawsuit against Lowe s. 13. Do I have a lawyer in the case? THE LAWYERS REPRESENTING YOU The Court has appointed the law firms of Finkelstein, Blankinship, Frei-Pearson & Garber, LLP; Reese Richman LLP; and Siprut PC to represent you and the Class. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 14. How will the lawyers be paid? The attorneys who brought the case on your behalf are requesting attorney s fees and costs in the amount of $100,000.00, which must be approved by the Court. The Court may award less than this amount. Lowe s will pay the fees and costs that the Court awards, and Lowe s has agreed not to oppose the request for fees and costs in the above stated amount. - 6 -
OBJECTING TO THE SETTLEMENT You can tell the Court that you do not agree with the settlement or some part of it. 15. How do I tell the Court that I do not like the Settlement? If you stay in the Class, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the Settlement in Rich, et al. v. Lowe s Home Centers, Inc., Case No. 3:13-cv- 30144-MGM. Be sure to include your name, address, telephone number, your signature, a statement that you fall within the definition of the Class, and the reasons you object to the Settlement. If you wish to appear at the Final Approval Hearing, your written objection must also state that fact. To be considered, your objection must be received by the Court and delivered or postmarked to Class Counsel and Defense Counsel no later than August 10, 2015. The addresses for the Court, Class Counsel, and Defense Counsel are below: To the Court: To Class Counsel: To Defense Counsel: Clerk of Court United States District Court District of Massachusetts Springfield Division 300 State Street Springfield, MA 01105 D. Greg Blankinship FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP 1311 Mamaroneck Avenue Suite 220 White Plains, NY 10605 Phillip J. Eskenazi HUNTON & WILLIAMS LLP 550 South Hope Street Suite 2000 Los Angeles, CA 90071 16. What is the difference between objecting and excluding myself from the Settlement? Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you cannot object because the case no longer affects you. THE COURT S FINAL APPROVAL HEARING The Court will hold a hearing to decide whether to approve the Settlement. You may attend, but you do not have to. 17. When and where will the Court decide whether to approve the Settlement? The Court will hold a Final Approval Hearing on September 9, 2015, at 11:00 a.m. at the United States District Court for the District of Massachusetts, Springfield Division, Hampden Courtroom, 300 State Street, Springfield, Massachusetts 01105, to consider whether the Settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be continued without further notice. 18. Do I have to come to the hearing? No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense. If you send a written objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend. - 7 -
19. May I speak at the hearing? You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter requesting to appear at the Final Approval Hearing in Rich, et al. v. Lowe s Home Centers, Inc., Case No. 3:13-cv-30144-MGM. Be sure to include your name, address, telephone number, and your signature. Your request to appear must be received by the Court and delivered or postmarked to Class Counsel and Defense Counsel no later than August 10, 2015. The addresses for the Court, Class Counsel, and Defense Counsel are listed under Question 15. You cannot speak at the hearing if you excluded yourself. 20. What happens if I do nothing at all? IF YOU DO NOTHING If you do nothing at all, you will remain in the Class and whether or not you receive a Gift Card from the Settlement depends on whether you submit a timely and valid Claim Form. For any questions as to how to claim a Gift Card under the Settlement, see Question 7 above. If you do not exclude yourself and do not return a valid and completed Claim Form you will receive no benefit from the Settlement, and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Lowe s about the legal issues in this case, ever again. 21. Are there more details about the Settlement? GETTING MORE INFORMATION This notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by writing to Class Counsel listed under Question 15 above, or you can download a copy online by visiting the website www.mazipcodesettlement.com. 22. How do I get more information? You can write to the Settlement Administrator, visit the Settlement Administrator s website at www.mazipcodesettlement.com, or call Class Counsel at 1-844-431-0695 to ask questions about the Settlement, be able to sign up to be notified if the Settlement is approved, plus other information to help you determine whether you are a Class Member and whether you are eligible for a payment. You may also contact Class Counsel listed under Question 15 above. Please do not contact the Clerk of the Court or the Judge with questions. By: Order of the United States District Court for the District of Massachusetts Honorable Mark G. Mastroianni United States District Court Judge - 8 -