Posted by on in FabFitFun Box News, Subscription Box News | Tags: | 35 comments

FYI – FabFitFun Gift Cards from Past Boxes Update

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Fab-fit-fun-spring-2017-0071

Thanks, Tshering and Amy, for letting us know about this class action lawsuit settlement from FabFitFun:

 

THIS IS NOT A SOLICITATION.
THE SENDING OF THIS NOTICE HAS BEEN APPROVED BY THE COURT.

A class-wide settlement has been reached in a lawsuit about whether certain alleged gift cards included in FabFitFun seasonal boxes from parties such as Merrithew International Inc., Zumba Fitness, LLC, Physique 57 International Inc. and Reeds Jewelers, Inc. d/b/a The Jeweler’s Wife (the “Vendors”), included an expiration date that violates certain state and federal gift card laws.  FabFitFun and the Vendors deny all of the claims in the lawsuit, but have agreed to a settlement to avoid the cost and risk of a trial.

Are You Included?  FabFitFun’s records show that you may be included.  The Settlement includes a “Class” or group of people that (i) between January 1, 2013 and April 11, 2017, (ii) received a Gift Card, (iii) through FabFitFun or any of its Vendors, (iv) with an expiration date that is earlier than the expiration period provided under applicable federal or state gift card laws.

What Can You Get?  Those included can receive a replacement Gift Card(s) identical in all respects to the Gift Card(s) originally distributed by each Vendor, with the exception that the replacement Gift Card(s) will have no expiration date.  Replacement Gift Card(s) will be of equal or greater value than the Gift Card(s) originally distributed, and will be issued in either physical or electronic form.

How to Get Benefits.  You must complete and submit a Claim Form either online, via email or via United States Postal Service.  Claims must be submitted electronically or postmarked no later than June 30, 2017, to Gift Card Settlement Claims Administrator, 360 N. La Cienega Blvd, 3rd Floor – B, West Hollywood, CA 90048. The Claim Form can be found here.  The Claim Form can also be found at www.boxgiftcardsettlement.com/submit-claim/, or can be obtained by contacting Class Counsel at (773) 969-6160.

Who Represents You?  The Court appointed Klint L. Bruno and Michael L. Silverman of The Bruno Firm to represent the Settlement Class as Class Counsel.

Your Other Rights & Options.  If you submit a Claim Form or if you do nothing, your rights will be affected.  If you don’t want to be legally bound by the Settlement, you must exclude yourself from it by June 30, 2017.  Unless you exclude yourself, any claims you may have against FabFitFun or its Vendors relating to the matters at issue in this lawsuit will be released and discharged.  If you stay in the Settlement (i.e., don’t exclude yourself), you may object to it in writing by June 30, 2017.  You or your lawyer—at your own cost—may appear and speak at the court hearing regarding the fairness of the Settlement.  You or your lawyer must appear if you are objecting to the Settlement.  More information is available at www.boxgiftcardsettlement.com.

The Court will hold a hearing in this case, Byerson v. FabFitFun, Inc., et al., Case No. 2016-CH-13306, in Court Room 2301 of the Circuit Court of Cook County, Illinois, 50 W. Washington St., Chicago, Illinois 60602 on August 17, 2017 at 11 a.m., to consider whether to approve the Settlement and award attorneys’ fees, costs, expenses and the class representative incentive award.

Check out our FabFitFun reviews to see what you can expect from this quarterly subscription box.

Written by Liz Cadman

Liz Cadman

Liz is the founder of My Subscription Addiction. She’s been hooked on subscription boxes since 2011 thanks to Birchbox, and she now subscribes to over 100 boxes. Her favorites include POPSUGAR Must Have, FabFitFun, and any box that features natural beauty products!

All views in this review are the opinion of the author. My Subscription Addiction will never accept payment in exchange for a review, but will accept a box at no cost to provide honest opinions on the box. This post may contain affiliate/referral links. Read the complete My Subscription Addiction disclosure.

35 Comments

  1. I completely understand the lawsuit. When they are calculating the value of the box, they are including these gift cards. Sure, if you don’t use them, that’s on you, but without having ample amount of time to even bother, they are promotions, not gift cards, and shouldn’t be calculated in the value of the box.
    I enjoy FabFitFun and I have no issues with them. I think many people that are part of the lawsuit will continue to be members and subscribe to the box. I think the companies that issued the gift cards will end up being responsible for reissuing the cards, which, if people hadn’t had the opportunity to USE the cards, means everyone is giving and getting exactly what they said at the end of it. No harm done.

  2. well i guess this means no more gift cards in sub boxes because of this… smh. if the expiry date is clearly stated, i don’t get what the problem is. i missed out on the nike card because i couldn’t find it and by the time i did, it had expired. my fault, i dont blame the sub box.

  3. The email seems to indicate that anyone who doesn’t opt out will automatically be included as part of the settlement, but doesn’t indicate how to opt out. Does anyone know how to opt out? I responded to the email and requested to not be included since I definitely don’t agree with ridiculous money grabs like this, but want to make sure I’m opted out for sure.

  4. Lots of hate for the lawyer who was appointed to represent this class but you all are taking for granted the fact that it would be near impossible and completely impractical for any individual to force any company to comply with the law when they have only lost out on a small amount of money. Companies know that no single individual is going to sue for the $20 they lost out on so they aren’t afraid to take advantage. You might recall the completely outrageous fees that some big banks used to charge? Well there’s a cap on those now because of a class action suit. Not saying that FFF is in the same league but they aren’t innocent in this. I doubt FFF paid anything for the gift cards in question. In fact, FFF likely was paid by these vendors to include their gift cards as a means to generate traffic to their sites.

  5. FabFitFun is an amazing box with the best value and these gift cards are normally just extras. So for someone to file a class action lawsuit is beyond me. It is true that it is the law, however, would you file for something you got for free as an added bonus? I just hope it does not ruin it for all of us.

    • I totally agree. I got the class action email and I don’t plan to do anything about it. Seems trivial to me. And I don’t want to see it ruin things for everyone else.

    • As a lawyer (not this kind of lawyer), it’s generally the lawyer who goes looking for the law suit and finds an applicable plaintiff, not the consumer that finds a lawyer. They get their fees in the settlement. It’s a scammy way of doing business, but it’s really common.

  6. Who would we contact to get a class action suit again PopSugar? Although a swaplifter stole all four of my “Giftcards”, they did have unique card numbers and did have expiration dates, and they were sent to me.
    I can’t tell you the swaplifter’s name because it is against the rules of this site. Please don’t ask.

    • I’m just curious.. why would you want to sue popsugar for your stolen cards?

      • The Velvet Eyewear “gift cards” had an expiration date (which is the illegal part).

  7. .

  8. Wow. I am torn on this. I consider the gift cards and vouchers extras and it’s on me to read the fine print and use them before they expire. Rules vary by state so some may not have even been in conflict with laws in all states, I think? The only ones making out on this are lawyers. They make money, sometimes a lot, on the class action suits while the plaintiffs and class are lucky to get a ten dollar credit in the end after providing personally identifying info blindly to some law firm. I don’t know what to think. I would much rather boxes like FFF be pro-active and head off this kind of crap before it comes to this. I’m not sure I want to encourage this money grab by participating.

  9. I didn’t have any problems with the gift cards I chose to use when I was subbed to FFF. Got the email yesterday. It’s not that serious. And, I’m not going to give them more info about me in regards to this. Now if it was about money….lol

  10. There was a Picture It On Canvas gift card in the Fall 2015 box along w the Reeds Jewelers card mentioned in the lawsuit. The Picture It card expired a month sooner, so I wonder why it wasn’t also included in the suit. I just missed being able to use that one. 😔

    That being said, this will probably prevent boxes from including these from now on, ruining it for the rest of us. I can’t imagine that Fabfitfun wouldn’t have helped this woman if she simply called Cust service. Who knows. Bummer for all of us now.

    • Its really a shame people take advantage of sub box companies like this, most of the time the gift cards are extras. I feel greed has already ruined the subscription box model and this is yet another example of that in action. If FFF goes under, like so many have due to this I would not be surprised. Subscription boxes are not sustainable as it is and to add this kind of nonsense makes things harder for the rest of us to get quality items is just awful. Dang it greed a destroyer of many things!!

    • I purchased two boxes when the picture it gift cards were in the boxes. I was really excited because I wanted to have my girls photos printed on the wood slabs. I used the first one and then picture it wouldn’t let me use the second one saying that it was only good for 1 per customer, even though I had purchased two boxes. To me that does not equate to a “gift card” that is a discount or coupon offer. I think a lot of subs get offers for their boxes that are really coupon codes… but they try to make them look like gift cards so it can be included in the value of the box….

  11. I received the email too. As I recall, I threw out my Merrithew “gift” card as I was not interested in paying the shipping costs. I probably will not bother with the claim form.

  12. You’ve got to be kidding. I didn’t consider them gift cards, but greedy people will sue for anything these days. I’m sure FFF will think twice before including discount codes or “gift cards” again which is a shame.

    • Agree, smh

    • I agree! FFF also is such a high value box anyway. Stop with the greed people :/ Even without gift cards it is the best box out there, high value and fun!

      • Agree!

    • It’s not greed, it’s literally illegal.

      • I completely agree!

        • It is illegal, but it is also greedy.
          No matter what, it is impressive that FFF are making all efforts to correct their error. At least this mistake didn’t cause anyone serious harm, and none of us are scheduled for surgery because FFF made a mistake.

  13. Jeweler’s Wife is Fall 2015

    It has the Merrithew toning thing in yellow in that box, not sure if that is one of the four being discussed. Looking for others now.

    Winter 2015 contains the Shoptiques card.

    • Shoptiques didn’t have an expiration date so it’s good. I’m surprised the picture it on canvas and sterling forever weren’t included. Those are the ones I was bummed I didn’t use in time

      • Sterling Forever was awful!! I fought with them for the better part of a year to receive the $200 + item that I chose. They sent the wrong thing once, the second time it was broken. Finally got it and it is no where near worth what I paid. Totally felt/feel ripped off.

  14. When was the physique 57 given?

  15. Were any gift cards included in the Winter 2016 or Speing 2017 boxes?

  16. I received the jewelers wife gift card, so I filed a claim. Did anyone who filed a claim get a confirmation email? I did not, but I’m not sure if I’m supposed to. I don’t want to fill out the form again because it can invalidate your claim by attempting to claim more than once

    • Do you remember what season and year that was from?

    • I filed a claim and didn’t get a confirmation either. I got both the box with the Zumba card (Spring ’15 I believe) and the Merrithew one which I think was box after that?

      I don’t really ever consider cards a part of the box value, but the difcerence between these and what we typically see is that they were indeed gify cards. Gift cards should NOT have an expiration date, even if it’s just for $5. I remember being pretgy disappointed when I went to use my Zimba card to find it was expired (especially since the DVD I got also didnt work).

      • Holy typos! I was using my phone and I don’t have auto-correct/complete turned on!

  17. Wish replacement gift cards w/o expiration were given for other boxes too. I know I’ve had some from Beautycon expire more than once….

    • I bet if you called this lawyer, he’d probably be very interested in this.

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