The plaintiffs in a putative class action accusing The Container Store Inc. of retaining the ZIP codes of credit card-paying customers have asked a Massachusetts federal judge to grant final approval to a class action settlement.
Plaintiffs and class representative Judith Monteferrante sued the chain in June 2013, alleging it illegally requested and kept the ZIP codes of customers who made their purchases with credit cards, in violation of Massachusetts law. The Container Store does not admit any wrongdoing.
According to the complaint, “The Container Store uses a customer’s ZIP code and name to identify that customer’s address using commercially available databases,” which The Container Store can then use “for intrusive marketing purposes, which include The Container Store’s own direct marketing, such as sending marketing mail directly to consumers’ homes allegedly without their permission.”
The class includes “anyone living in Massachusetts who made a purchase at The Container Store from June 6, 2009 to the date of the entry of the Preliminary Approval Order, used a credit card … and whose Personal Identification Information, including, but not limited to ZIP code, was requested and recorded by The Container Store, Inc. during the credit card transaction.”
As part of the settlement, the class members will receive a $10.00 gift card that can be used at The Container Store in Massachusetts, if they submit a valid and timely claim, for a total of $877,000 based on the size of the class. Monteferrante will receive $3,000 as class representative, and the plaintiffs’ attorneys will receive $120,000.
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