Frequently Asked Questions

SETTLEMENT PAYMENT INFORMATION

  1. Why did I receive a settlement check?

    You submitted a claim that was approved for a Settlement Payment. The settlement check you received represents the amount to which you were entitled under the terms of the Settlement Agreement.

    Please negotiate the check promptly. The check is only valid for 180 days from the issue date.

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  2. How was my Settlement award calculated?

    Your Settlement award was calculated by a point system outlined in the Settlement Agreement and as follows:

    1. Valid Class Members who submitted a Claim Verification Form but did not submit a valid receipt evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period received one point
    2. Valid Class Members who submitted one or more valid receipts evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period that totaled less than $200 received two points.
    3. Valid Class Members who submitted one or more valid receipts evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period that totaled less than $200 to $499 received three points.
    4. Valid Class Members who submitted one or more valid receipts evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period that totaled less than $500 to $999 received four points.
    5. Valid Class Members who submitted one or more valid receipts evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period that totaled more than $1000 received five points.

    Thereafter, each Valid Class Members’ percentage was determined by dividing the number of points he or she received by the number of all Valid Class Members to award a percentage of the Net Settlement Fund.

    For more information on how your Settlement award was calculated please review the Settlement Agreement here.

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  3. Why didn’t I receive a settlement check?

    If you received an emailed notice but did not receive a Settlement Payment in the form of a settlement check, then you may not be eligible for a payment under the terms of the Settlement Agreement. Settlement checks were issued on June 3, 2016 to eligible Settlement Class Members on a claims-made basis. To receive a settlement check, you must have submitted a timely and complete claim prior to the March 25, 2016 claims deadline.

    To see if you were eligible to receive a settlement check, please call toll-free at 1-866-879-7386. You can also email info@MichaelKorsOutletSettlement.com, or write to:

    Michael Kors Outlet Litigation
    PO Box 3127
    Portland, OR 97208-3127

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  4. Can I dispute the amount of my Settlement Payment and/or receive more money?

    You cannot dispute the amount of your Settlement Payment. The amount of your Settlement Payment is final and represents the amount to which you were entitled under the terms of the Settlement Agreement. The Court approved the terms of the Settlement, including the methodology utilized to compute the amount of Settlement Payments, on February 9, 2016.

    Please negotiate the check promptly. The check is only valid for 180 days from the issue date.

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  5. I lost or damaged my settlement check. How can I receive a replacement check?

    You can request a replacement check. To request a replacement check, please include a signed written request asking that a replacement check be reissued and mailed to you. Please mail your replacement check request the Settlement Administrator at Michael Kors Outlet Litigation, PO Box 3127, Portland, OR 97208-3127.

    You must submit your request no later than November 30, 2016.

    If you are unable to return the initial settlement check, a replacement check will be issued within two to four weeks after the initial settlement check passes its stale date. Your replacement check could be issued sooner if the initial check returns to the Settlement Administrator as undeliverable, or if you are able to locate and return the check to the Settlement Administrator at the above PO Box.

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  6. How can I have my settlement check reissued under a new name (e.g. last name change)?

    First, please go to the financial institution at which you are a current account holder as they may negotiate the settlement check if the documentation regarding the status of your name change is presented.

    If your financial institution will not accept the check, please return the original check to the Settlement Administrator at Michael Kors Outlet Litigation, PO Box 4199, Portland, OR 97208-4199, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check and include a copy of a form of identification that contains the new name.

    You must submit your request no later than November 30, 2016.

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  7. Can you update my address and re-mail my settlement check?

    To request a replacement check mailed to an updated address, please include a signed written request asking that a replacement check be reissued and mailed to you. Include in the request your current and former mailing addresses. Please mail your replacement check request the Settlement Administrator at Michael Kors Outlet Litigation, PO Box 4199, Portland, OR 97208-4199.

    You must submit your request no later than November 30, 2016.

    If you are unable to return the initial settlement check, a replacement check will be issued within two to four weeks after the initial settlement check passes its stale date. Your replacement check could be issued sooner if the initial check returns to the Settlement Administrator as undeliverable, or if you are able to locate and return the check to the Settlement Administrator at the above PO Box.

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  8. What do I do if the person on the settlement check is now deceased?

    First, please go to the financial institution at which you are a current account holder as they may negotiate the settlement check if documentation regarding the status of the account holder and your status as the beneficiary/executor is presented.

    If your financial institution will not accept the check, please return the original check to the Settlement Administrator at Michael Kors Outlet Litigation, PO Box 4199, Portland, OR 97208-4199, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check and include proof of beneficiary/executorship and/or a copy of the death certificate for the claimant listed on the check.

    You must submit your request no later than November 30, 2016.

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GENERAL INFORMATION

  1. Why is there a website?

    The Court authorized this website because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to give Final Approval to the Settlement. This website explains the lawsuit, the Settlement and your legal rights.

    Judge William H. Pauley, III of the U.S. District Court for the Southern District of New York is presiding over this case. The case is known as Gattinella v. Michael Kors (USA), Inc., et al., Case No. 14-civ-5731 (WHP). Tressa Gattinella and Kristen Lengyel, the people who sued, are called the “Plaintiffs.” The “Defendants” are Michael Kors (USA), Inc., Michael Kors, L.L.C., Michael Kors Retail, Inc., and Michael Kors Stores, L.L.C. Throughout this website, the Defendants are collectively called “Michael Kors.”

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  2. What is this lawsuit about?

    The lawsuit alleges that Michael Kors deceptively and misleadingly labeled and marketed merchandise that it sells at its Michael Kors Outlet Stores, including by using allegedly misleading price tags on its Michael Kors Outlet Products, which Plaintiffs claim resulted in damages to Plaintiffs and the Settlement Class. Michael Kors maintains that its marketing and labeling is not deceptive or misleading and is entirely proper and permitted by law.

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  3. Why is this a class action?

    In a class action, one or more people, called class representatives (in this case, two Michael Kors customers who purchased products from Michael Kors Outlet Stores), sue on behalf of people who have similar claims.

    All of the people who have claims similar to the class representatives are members of the Settlement Class, except for those who exclude themselves from the Class.

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  4. Why is there a settlement?

    The Court has not decided in favor of either Plaintiffs or Michael Kors. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described in this website. The class representatives and their attorneys think the Settlement is best for everyone who is affected.

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  5. Who is included in the Settlement?

    You are included in the Settlement Class if, between July 25, 2010 and July 25, 2014, you purchased at least one item at a Michael Kors Outlet Store that was sold with a price tag showing both an “MSRP” (Manufacturer’s Suggested Retail Price) and an “Our Price.” These items do not include watches, jewelry, fragrances, eyewear or any other product that did not have a price tag that showed both an “MSRP” and an “Our Price.”

    If this did not happen to you, then you are not a member of the Settlement Class. Further, you are not eligible for a payment under the Settlement if you do not fully complete and timely submit a Claim Verification Form to the Settlement and Notice Administrator. Also excluded from the Settlement Class are directors, officers and employees of Michael Kors, its parents and subsidiaries, or any entity in which Michael Kors has a controlling interest. You may contact the Settlement and Notice Administrator if you have any questions as to whether you are in the Settlement Class.

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  6. What does the Settlement provide?

    Michael Kors has agreed to establish a Settlement Fund of $4,875,000 from which Settlement Class Members will receive payments. All Settlement Class Members who submit a valid Claim Verification Form (“Valid Class Members”) will receive a percentage of the net Settlement Fund (after the payment of other fees and expenses from the Settlement Fund). The percentage each Valid Class Member receives will be dependent upon the total number of Valid Class Members and whether such Valid Class Member is entitled to one, two, three, four or five points, as follows:

    1. each Valid Class Member who submits a Claim Verification Form but does not submit a valid receipt evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period shall receive one point;
    2. each Valid Class Member who submits one or more valid receipts evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period that total less than $200 will receive two points;
    3. each Valid Class Member who submits one or more valid receipts evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period that total $200 to $499 will receive three points;
    4. each Valid Class Member who submits one or more valid receipts evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period that total $500 to $999 will receive four points; and
    5. each Valid Class Member who submits one or more valid receipts evidencing the purchase of Michael Kors Outlet Product(s) during the Class Period that total $1,000 or more will receive five points.

    Thereafter, each Valid Class Member’s percentage will be determined by dividing the number of points he or she receives by the number of total points of all Valid Class Members in order to determine his or her percentage of the Net Settlement Fund.

    Michael Kors has also agreed to change the labeling of its price tags of certain items in its outlet stores. In particular, Michael Kors will either (a) replace “MSRP” with “Value” on price tags of Michael Kors Outlet Products and display signage in Michael Kors Outlet Stores that explains the meaning of “Value” (as that term is used on price tags of Michael Kors Outlet Products) to customers; or (b) not use a reference price (i.e., a price at which the product was not previously offered for sale at a Michael Kors retail store or a Michael Kors Outlet Store) on the price tags of products made exclusively for sale in Michael Kors Outlet Stores.

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  7. How do I receive a payment?

    If you are in the Settlement Class and entitled to receive a cash benefit, you must fully complete and timely submit a Claim Verification Form. The Claim Verification Form can be filled out online here. You may also print the Claim Verification Form here or by contacting the Settlement and Notice Administrator at 1 (866)-879-7386 and requesting a form. All forms must be submitted online or postmarked no later than March 25, 2016.

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  8. What am I giving up to stay in the Settlement Class?

    Unless you exclude yourself from the Settlement Class, you cannot sue, continue to sue or be part of any other lawsuit against Michael Kors about the legal issues in this case. It also means that all of the decisions by the Court will bind you. The “Release of Claims” included in the Settlement Agreement describes the precise legal claims that you give up if you remain in the Settlement. The Settlement Agreement is here.

    If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Michael Kors on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself – or it is sometimes referred to as “opting-out” of the Settlement Class.

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  9. How do I get out of the Settlement?

    You are no longer able to exclude yourself from the Settlement. The deadline to exclude yourself from the Settlement was December 8, 2015. The Court approved the Settlement on February 9, 2016 (see FAQ 16).

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  10. If I do not exclude myself, can I sue Michael Kors for the same thing later?

    No. Unless you exclude yourself, you give up the right to sue Michael Kors for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to try to pursue your own lawsuit.

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  11. If I exclude myself from the Settlement, can I still receive a payment?

    No. You will not receive a payment if you exclude yourself from the Settlement.

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  12. Do I have a lawyer in this case?

    The Court has appointed lawyers to represent you and others in the Settlement Class as “Class Counsel,” including:

    Jeffrey M. Ostrow
    Jason H. Alperstein
    Scott Edelsberg

    Kopelowitz Ostrow P.A.
    200 SW 1st Avenue
    Ste. 1200
    Fort Lauderdale, FL 33301
    Telephone: (954) 525-4100

    Class Counsel will represent you and others in the Settlement Class. 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.

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  13. How will the lawyers be paid?

    Class Counsel intends to request up to thirty percent (30%) of the money in the Settlement Fund for attorneys’ fees, plus reimbursement of their expenses incurred in connection with prosecuting this case. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will determine the amount of fees and expenses to award. Class Counsel will also request that up to $5,000.00 per Plaintiff be paid from the Settlement Fund to the two class representatives for their service to the entire Settlement Class.

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  14. How do I tell the Court that I don’t like the Settlement?

    You are no longer able to object to the Settlement. The deadline to object to the Settlement was December 8, 2015. The Court approved the Settlement on February 9, 2016 (see Question 16)

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  15. What’s the difference between objecting and excluding?

    Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

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  16. When and where will the Court decide whether to approve the Settlement?

    The Court held the Final Approval Hearing at 11:00 a.m. on January 28, 2016, in Courtroom 20B of the United States District Court for Southern District of New York, located at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007.

    The Court approved the Settlement on February 9, 2016.

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  17. What happens if I do nothing at all?

    If you do nothing, you will not receive a payment, and you will give up your right to bring your own lawsuit against Michael Kors about the claims in this case. Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit or be part of any other lawsuit against Michael Kors relating to the issues in this case.

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  18. How do I get more information?

    This Detailed Notice summarizes the proposed Settlement. More details can be found in the Settlement Agreement. You can obtain a copy of the Settlement Agreement here. You may also write with questions to:

    Michael Kors Outlet Litigation
    P.O. Box 3127
    Portland, OR 97208-3127

    Do not contact Michael Kors or the Court for information.


NOTICE: This website provides a summary of the Settlement and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.


Questions? Contact the Notice and Settlement Administrator at 1-866-879-7386 or by email at info@MichaelKorsOutletSettlement.com