FREQUENTLY ASKED QUESTIONS

  1. What is this case about?
  2. What is the current status of this Action?
  3. How do I know if I am a member of the Class?
  4. What does the Settlement provide?
  5. How do I participate in this Action?
  6. When will I receive my payment?
  7. How do I exclude myself from the Class?
  8. How do I object to the Settlement?
  9. When and where will the Court decide whether to approve the Settlement?
  10. How do I update my contact information?
  11. How do I get more information?



1. What is this case about?

Plaintiff Jacqueline Brenner (the "Plaintiff") filed a lawsuit against Kohl's Corporation (hereinafter referred to as "Kohl's") on behalf of herself and all Class Members. The lawsuit alleges that Kohl's requested and recorded customer ZIP codes 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 Kohl's' Massachusetts stores and violated Massachusetts law.

Kohl's denies the allegations of unlawful conduct and no court or other entity has made any judgment or determination of liability. Kohl's 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.

Notwithstanding Kohl's' view that Plaintiff's claims are without merit, the Parties have concluded that it is in their best interests to settle the Action to avoid the risk, expense and distraction of continued litigation. The settlement was reached through lengthy arms-length negotiations between the Parties and with the assistance of a neutral mediator, Professor Eric D. Green.

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2. What is the current status of this Action?

The Honorable Richard G. Stearns, United States District Court Judge, has determined that the Action should proceed as a class action for purposes of settlement only, with Plaintiff as the representative of the Class, and has granted preliminary approval of the settlement, subject to a Final Fairness Hearing on March 11, 2014 at 2:15pm in Courtroom 21, Seventh Floor, of the United States District Court for the District of Massachusetts, located at 1 Courthouse Way, Boston, Massachusetts 02210.

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3. How do I know if I am a member of the Class?

All persons who from April 16, 2009 through November 26, 2013 (i) purchased merchandise from a Kohl's store in the State of Massachusetts, (ii) used a credit card to make the purchase(s), and (iii) whose personal identification information was requested and recorded by Kohl's at the point of sale are Class Members.

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4. What does the Settlement provide?

Kohl's has agreed to establish a Gift Card Fund of $425,000 within twenty (20) days of Final Judicial Approval by the Court. All Class Members who do not opt out of the Class Settlement and who submit a valid and timely Claim shall receive a Gift Card. The actual amount of each Gift Card will be $425,000 minus costs of claims administration and notice, divided by the number of timely and valid Claims approved by the settlement administrator. Gift Cards are limited to one per Settlement Class Member, regardless of the number of transactions entered into by the Claimant.

If the settlement receives Final Judicial Approval, Gift Cards of the appropriate amount will be sent to Class Members who submitted valid and timely Claims to the Settlement Administrator. You can make a Claim by filling in the Claim Form on the settlement website, brennersettlement.com, or you can obtain a Claim Form by requesting one in writing from the Settlement Administrator. You must fill out the Claim Form completely and timely submit it to the Settlement Administrator in order to receive the Gift Card.

The Parties agreed that, subject to the Court's final approval, the class representative, Plaintiff Jacqueline Brenner ("Class Representative"), will receive an incentive award of $3,000. The Parties also agreed that, subject to the Court's final approval, Class Counsel shall be entitled to an award of attorneys' fees and costs of up to $135,000. The payment of the incentive fees and attorneys' fees will not affect the benefits provided to the Class Members. Additional information about the Settlement can be found in the SETTLEMENT AGREEMENT.

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5. How do I participate in this Action?

To obtain a Gift Card you must complete a Claim Form online or mail a paper claim form postmarked no later than February 4, 2014 to the Settlement Administrator at the following address:

Brenner v. Kohl's Corporation
c/o GCG
PO Box 10029
Dublin, OH 43017-6629

If you do not timely submit a complete and accurate Claim Form, you will receive no benefits under the settlement but will still be bound by the settlement and release of claims against Kohl's. The date of delivery of the Claim Form is deemed to be the earlier of: (1) the date the form is deposited in the U.S. Mail, postage pre-paid, as evidenced by the postmark; (2) the date the form is deposited with an overnight letter carrier guaranteeing delivery within two business days; or (3) the date of actual delivery of the form to the Settlement Administrator. There are no exceptions for late Claim Forms and such forms will not be considered by the Settlement Administrator. You can download a Claim Form HERE. You also may request a Claim Form from the Settlement Administrator at the address above. If you request a form in writing, please make sure to include your name and address with your request.

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6. When will I receive my payment?

No payments will be provided to Class Members until after the Court approves the Settlement and any appeals are resolved. It is uncertain how long resolution of any appeals will take. Please be patient.

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7. How do I exclude myself from the Class?

If you are a Class Member, you have the right to exclude yourself from the settlement. If you wish to be excluded, you must deliver a request for exclusion from the settlement to the Settlement Administrator at the address below postmarked no later than February 24, 2014.

Brenner v. Kohl's Corporation
c/o GCG
PO Box 10029
Dublin, OH 43017-6629

Such a request shall contain the following information: Your full name, current mailing address, phone number, signature, and the statement: "I want to be excluded from the settlement class in Brenner v. Kohl's Corporation." TO BE CONSIDERED VALID, A REQUEST FOR EXCLUSION MUST BE SIGNED BY YOU PERSONALLY, MUST SET FORTH ALL OF THIS INFORMATION AND MUST BE TIMELY RECEIVED. If you timely and validly request exclusion, you will not have any rights under the Settlement Agreement, you will not be entitled to receive any benefit provided therein, and you will not be precluded from otherwise prosecuting any individual claim, if timely, against Kohl's based on the conduct complained of in this Action. If you do not wish to exclude yourself, and have no objection to the settlement, you will be afforded the benefits of the settlement if it is approved and you submit a valid Claim.

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8. How do I object to the Settlement?

If you wish to object to the terms of the settlement, you may do so under the procedures set forth below. If your objection is rejected you will be bound by the final judgment just as if you had not objected.

If you decide to object, you must file a written objection with the Court, Class Counsel, and Kohl's Counsel at the addresses set forth below, no later than February 24, 2014. To be considered a valid objection, the objection must include your complete name together with your telephone number, residence address (address and telephone number may be redacted in the copy of the objection filed with the Court), and such other information as may be necessary to permit Kohl's and Class Counsel to verify that you are a Class Member. Further, any written objection must include a statement that you fall within the definition of the Class, the express statement "I object to the settlement in Brenner v. Kohl's Corporation" and a statement setting forth, in clear and concise terms, the legal and factual arguments supporting the objection. If you wish to appear at the final approval hearing, your written objection must also state that fact.

CLASS COUNSEL
D. Greg Blankinship, Esq.
Todd S. Garber, Esq.
Meiselman, Packman, Nealon,
Scialabba & Baker P.C.
1311 Mamaroneck Avenue
White Plains, NY 10605
COUNSEL FOR KOHL'S
Matthew R. Orr, Esq.
Call & Jensen, APC
610 Newport Center Drive, Suite 700
Newport Beach, California 92660

To be considered, the objection papers must be received by the Court and delivered or postmarked to Class Counsel and Counsel for Kohl's no later than February 24, 2014. Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and will not be entitled to be heard at the settlement approval hearing. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your personal attorneys' fees and costs.

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

On March 11, 2014 at 2:15 p.m., a final hearing will be held on the fairness, reasonableness and adequacy of the proposed settlement, and to determine whether the proposed settlement should be finally approved. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement. The hearing will take place before the Honorable Richard G. Stearns in Courtroom 21, Seventh Floor, of the United States District Court for the District of Massachusetts, located at 1 Courthouse Way, Boston, Massachusetts 02210. You are not required to attend the hearing in order to participate in the settlement.

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10. How do I update my contact information?

Write to the Settlement Administrator at Brenner v. Kohl's Corporation, c/o GCG, PO Box 10029 Dublin, Ohio 43017-6629.

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11. How do I get more information?

For more information about the settlement and your rights, you can download a Notice, Claim Form, and a full copy of the Settlement Agreement or you may write to the Settlement Administrator at:

Brenner v. Kohl's Corporation
c/o GCG
PO Box 10029
Dublin, OH 43017-6629

PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE.

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