Frequently Asked Questions

Basic Information

1. Why did I get the Notice?

You received a Notice because a Settlement has been reached in this Action. You might be a member of the Settlement Class and may be eligible for the relief detailed in FAQ 7 below.

The Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations.

2. What is this lawsuit about?

Plaintiffs Demetra Binder, Angela Waldner, Christina Calcagno, and Deborah O’Dea (the “Class Representatives”) filed a lawsuit (the “Action”) against Premium Brands OpCo LLC (“Defendant”), on behalf of themselves and all others similarly situated. The Action alleges that Defendant advertised purportedly improper discounts on merchandise sold in its Ann Taylor Factory Stores or Loft Outlet Stores.

Defendant denies 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. Defendant further denies that any Class Member is entitled to any relief and, other than for Settlement purposes, that this Action is appropriate for certification as a class action.

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

For information about how to learn about what has happened in the Action to date, please see FAQ 20.

3. Why is this a class action?

In a class action lawsuit, one or more people called “Class Representative(s)” (in this Action, Demetra Binder, Angela Waldner, Christina Calcagno, and Deborah O’Dea) sue on behalf of other people who allegedly have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Class Members. The company sued in this Action, Premium Brands OpCo LLC, is called the Defendant.

4. Why is there a settlement?

The Class Representatives made claims against Defendant. Plaintiffs think they would have prevailed, but Defendant thinks the Plaintiffs would not have won anything. Defendant denies that it has done anything wrong or illegal and admits no liability. But there was no trial. The Court has not decided whether the Class Representatives or Defendant should win this Action. Instead, both sides agreed to this Settlement. That way, both sides avoid the risk and cost of a trial, and the Settlement Class Members will receive compensation. The Class Representatives and their attorneys think the Settlement is best for all Class Members.

5. How do I know if I am part of the Settlement?

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

California Class: All persons who, while in the state of California purchased one or more products at a purported discount at Defendant’s Ann Taylor Factory Stores or LOFT Outlet Stores from September 4, 2020, to November 4, 2024, and did not receive a refund or credit for their purchase(s).

New York Class: All persons who, while in the state of New York, purchased one or more products at a purported discount at Defendant’s Ann Taylor Factory Stores or LOFT Outlet Stores from September 4, 2021, to November 4, 2024, and did not receive a refund or credit for their purchase(s).

Ohio Class: All persons who, while in the state of Ohio, purchased one or more products at a purported discount at Defendant’s Ann Taylor Factory Stores or LOFT Outlet Stores from September 4, 2022, to November 4, 2024, and did not receive a refund or credit for their purchase(s).

Oregon Class: All persons who, while in the state of Oregon, purchased one or more products at a purported discount at Defendant’s Ann Taylor Factory Stores or LOFT Outlet Stores from September 4, 2023, to November 4, 2024, and did not receive a refund or credit for their purchase(s).

Pennsylvania Class: All persons who, while in the state of Pennsylvania, purchased one or more products at a purported discount at Defendant’s Ann Taylor Factory Stores or LOFT Outlet Stores from September 4, 2018, to November 4, 2024, and did not receive a refund or credit for their purchase(s).

Texas Class: All persons who, while in the state of Texas, purchased one or more products at a purported discount at Defendant’s Ann Taylor Factory Stores or LOFT Outlet Stores from September 4, 2022, to November 4, 2024, and did not receive a refund or credit for their purchase(s).

Washington Class: All persons who, while in the state of Washington, purchased one or more products at a purported discount at Defendant’s Ann Taylor Factory Stores or LOFT Outlet Stores from September 4, 2020, to November 4, 2024, and did not receive a refund or credit for their purchase(s).

Wisconsin Class: All persons who, while in the state of Wisconsin, purchased one or more products at a purported discount at Defendant’s Ann Taylor Factory Stores or LOFT Outlet Stores from September 4, 2021, to November 4, 2024, and did not receive a refund or credit for their purchase(s).

6. I’m still not sure if I am included.

If you are not sure whether you are included, you can write to the Settlement Administrator for free help. The email address of the Settlement Administrator is info@PBOCPricingSettlement.com and the U.S. Postal (mailing) address is: Binder et al., v. Premium Brands OpCo LLC Settlement, c/o Settlement Administrator, P.O. Box 25226 Santa Ana, CA 92799.

The Proposed Settlement

7. What relief does the Settlement provide to the Class Members?

Defendant has agreed to provide each Class Member who timely submits a valid Claim Form by the Claim Filing Deadline, one (1) Settlement Voucher, which may be applied for up to $11.00 toward any purchase at Ann Taylor Factory Stores or LOFT Outlet Stores.

Defendant has further agreed to provide to each Class Member, for whom it has an email address, and who does not submit a Claim Form by the Claim Filing Deadline one (1) Settlement Voucher, which may be applied for up to $11.00 toward any purchase at Ann Taylor Factory Stores or LOFT Outlet Stores.

Settlement Vouchers can be applied toward any purchase at Ann Taylor Factory Stores or LOFT Outlet Stores. Settlement Vouchers will apply to the purchase prices that Defendant offers to the general public, will be transferable to others without restriction, and will be usable in conjunction with any other discount or offer. The Settlement Vouchers can be used at any time, for a period of six months after they are distributed, and will have no residual value if the amount redeemed is less than the Settlement Voucher amount. Settlement Vouchers are not redeemable for cash (including no cash back). In the event of a return, Defendant will not credit back the Settlement Voucher amount.

How to Receive a Settlement Voucher- Submitting a Claim Form

8. How can I get a Settlement Voucher?

If you DID receive an Email Notice, you will automatically receive a Settlement Voucher for $11.00 unless you object to or exclude yourself from the Settlement.

If you DID NOT receive an Email Notice of this Settlement and wish to receive a Settlement Voucher for $11.00, you must complete a Claim Form.

A Claim Form is available by clicking here. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the Claim Form, and postmark it by September 10, 2025, or submit it online on or before 11:59 p.m. (Pacific) on September 10, 2025.

9. When will I get my Settlement Voucher?

As described in FAQ 17 and FAQ 18 below, the Court will hold a hearing on November 14, 2025, at 1:30p.m. to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It’s always uncertain when the appeals will be resolved, and resolving them can take time, perhaps more than a year. You can check on the progress of the case on this website. Please be patient.

The Lawyers in this Case and the Named Plaintiff

10. Do I have a lawyer in this case?

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

11. How will the lawyers be paid?

Defendant has agreed to pay Class Counsel’s attorneys’ fees, costs, and an Individual Service Award up to $1,255,000, subject to approval by the Court. You will not be required to pay any attorneys’ fees or costs. Please see paragraphs III. E. (1)-(2) of the Settlement Agreement, available here, for additional details.

12. Will the Class Representatives receive any compensation for their efforts in bringing this Action?

The Class Representatives will each request a service award of up to $1,250 each for a total of $5,000 for their services as Class Representatives and their efforts in bringing the Action. The Court will make the final decision as to the amount to be paid to the Class Representatives.

Dismissal of Action and Release of All Claims

13. What am I giving up to obtain relief under the Settlement?

If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against Defendant. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against Defendant regarding the claims in the Action. The Settlement Agreement, available here, contains the full terms of the release.

14. How do I exclude myself from the Settlement?

You may exclude yourself from a Class and the Settlement. If you want to be excluded, you must send a signed letter or postcard stating: (a) the Class Member’s name, address, and phone number; (b) be signed by the Class Member; and (c) include the statement “I/we request to be excluded from the class settlement in Binder et al., v. Premium Brands OpCo LLC” and include the case number, postmarked no later than September 10, 2025, to the Settlement Administrator at:

Binder et al., v. Premium Brands OpCo LLC
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

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

15. How do I tell the Court that I disagree with the Settlement?

At the date, time, and location stated in FAQ 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to consider Class Counsel’s request for an award of attorneys’ fees and costs, as well as the Individual Service Awards to the Class Representatives.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must send a written objection to the Settlement Administrator at the address set forth below no later than (i.e., postmarked by) September 10, 2025.

Binder et al., v. Premium Brands OpCo LLC
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

Any written objections must contain: (i) the name and case number of the Action; (ii) the Class Member’s full name, address, and telephone number; (iii) the words “Notice of Objection” or “Formal Objection”; (iv) in clear and concise terms, the legal and factual arguments supporting the objection; (iv) facts supporting the person’s status as a Class Member (e.g., the date and location of his/her qualifying purchase(s) and description of item(s) purchased); (vi) the Class Member’s signature and the date; and (vii) the following language immediately above the Class Member’s signature and date: “I declare under penalty of perjury under the laws of the State of California that the foregoing statements regarding class membership are true and correct to the best of my knowledge.” You may, but need not, submit your objection through counsel of your choice. If you do make your objection through an attorney, 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 ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.

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

If an objecting Class Member (either with or without his or her attorney, or through his or her attorney acting on his or her behalf) intends to speak at the Fairness Hearing in support of the objection, the Class Member’s objection must state this intention in a “Notice of Intention to Appear” served on the Settlement Administrator, Class Counsel and Defendant’s Counsel no later than fifteen (15) calendar days before the Fairness Hearing. If the objecting Class Member intends to appear at the Fairness Hearing with or through counsel, he or she must also identify the attorney(s) representing the objector who will appear at the Fairness Hearing and include the attorney(s)’ name, address, phone number, email address, and the state bar(s) to which counsel is admitted in the Notice of Intention to Appear. If the objecting Class Member (or the Class Member’s counsel) intends to request the Court to allow the Class Member to call witnesses at the Fairness Hearing, such request must be made in the Class Member’s written objection, which must also contain a list of any such witnesses and a summary of each witness’s expected testimony.

No Settlement Class Member shall be heard at the Fairness Hearing (whether personally or through counsel) unless written notice of the Settlement Class Member’s intention to appear at the Fairness Hearing

16. What is the difference between excluding myself and objecting to the Settlement?

Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you do not exclude yourself from the Settlement. Excluding yourself is telling the Court that you don’t want to be part of the Settlement.

If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

Fairness Hearing

17. What is the Fairness Hearing?

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for a service award to the Class Representatives. You may attend, but you do not have to.

18. When and where is the Fairness Hearing?

On November 14, 2025, at 1:30 p.m. Pacific Standard Time, 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 hearing will take place before the Hon. Michael D. Washington in the Superior Court of California, County of San Diego, located at 325 S. Melrose Dr, Vista, CA 92081.

The hearing may be postponed to a different date or time or location without notice. Please check this website for any updates about the Settlement generally, or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to the Settlement Website will be the only way you will be informed of the change.

19. May I speak at the hearing?

At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement. As described in FAQ 15 above, you may speak at the Fairness Hearing only if (a) you have timely submitted an objection, 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.

Additional Information

20. How do I get more information?

To see a copy of the Settlement Agreement, the Court's Preliminary Approval Order, Class Counsel's application for attorneys' fees and costs, and the operative Complaints filed in the Action, please visit the Important Documents page of this website. Alternatively, you may contact the Settlement Administrator at the email address: info@PBOCPricingSettlement.com or the U.S. postal (mailing) address:

Binder et al., v. Premium Brands OpCo LLC
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit https://roa.sdcourt.ca.gov/roa or the Clerk’s office at 325 South Melrose Dr., Vista, CA 92081. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

21. What if my address or other information has changed or changes after I submit a Claim Form?

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

Binder et al., v. Premium Brands OpCo LLC
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799