Southern Wine and Spirits of America, Inc. has agreed to pay $5,500,000 to settle a class action lawsuit for alleged violations of California liquor laws by charging late fees higher than allowed. This settlement could benefit California customers of Southern who were charged excessive late fees on wine, beer, or liquor purchases.
Can I Claim an Award?
To be eligible for an award, you must have been a California customer of Southern Wine and Spirits of America, Inc. at any time from June 13, 2010, through June 30, 2023. The class members include those who were charged more than 1% per month in late fees on their purchases during this period.
Class members are divided into two groups: those who have paid the excessive late fees and those who have unpaid late fees. Both groups are eligible for different forms of compensation under the settlement terms.
- Class members who paid the excessive late fees will receive a reimbursement of the amount paid over 1% per month.
- Class members with unpaid late fees will have those fees written off and will not be charged such fees in the future.
How Much Can Class Members Claim?
The amount each class member receives will be calculated based on the proportion of the total late fees they paid compared to the total late fees paid by all class members.
- Reimbursement for Paid Late Fees: Class members who paid late fees over 1% per month will receive a proportional share of the net settlement fund.
- Write-off of Unpaid Late Fees: Class members with unpaid late fees will have these fees written off, totaling approximately $44.1 million.
Is Proof Required to Claim the Reward?
Proof is not applicable to claim a reward. The settlement administrator will calculate the amount due to each class member based on Southern's records of late fees charged and paid.
How to Claim Your Award
To claim your award, you do not need to take any action if you are a class member. The settlement administrator will automatically send a check to the address on file. If you need to update your address, contact the settlement administrator.
How Do I Get Paid?
Class members will receive their payments via checks mailed to their addresses.
$5,500,000 Settlement Fund Breakdown
The total settlement amount is $5,500,000. This amount will be used to pay the following:
- Up to $2,000,000 for attorneys' fees
- Up to $70,000 for litigation expenses
- Up to $15,000 for the class representative's service award
- Up to $189,500 for settlement administration costs
The remaining amount will be distributed to class members as reimbursement for the excessive late fees they paid.
Important Dates
- Deadline to File a Claim: July 25, 2024
- Final Approval Hearing: October 15, 2024
Why is There a Class Action Settlement?
The class action settlement was reached to resolve allegations that Southern Wine and Spirits of America, Inc. violated California liquor laws by charging late fees higher than the allowed 1% per month. By settling, Southern does not admit any wrongdoing but agrees to compensate affected customers and revise its future practices.
The next steps include the final approval hearing, where the court will decide whether to grant final approval of the settlement and determine the amounts to be paid to class counsel, the class representative, and the settlement administrator.
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