Simon Gift Card Litigation
New York & New Jersey
GOLDMAN v. SIMON PROPERTY GROUP, INC.
Aliza Goldman commenced this action in the Supreme Court, Nassau County, on behalf of a class of holders of Simon gift cards who were charged a dormancy fee because the gift cards were not used within six months of purchase. Ms. Goldman’s claims were consolidated with another action in Westchester County, entitled Lonner v. Simon Property Group, Inc. A copy of Ms. Goldman’s complaint can be found here; a copy of the complaint in the Lonner action can be found here.
On June 25, 2009, the Westchester County Supreme Court determined that the consolidated action should be certified as a class action, that Ms. Goldman and Mr. Lonner were certified as class representatives, and that the firms of Trief & Olk and Sanford Wittels & Heisler, LLP were appointed as class counsel. A copy of this order can be found here. Plaintiffs’ motion sought to certify the following class:
(a) all persons (excluding defendant Simon Property Group, Inc., its officers, directors, affiliates, subsidiaries and successors (collectively “Simon”)) residing within the State of New York who hold or held Simon Gift Cards sold on or before April 29, 2005 (“Card(s)”) that are or were subject to a decrease in value resulting from the imposition by Simon of $2.50 monthly charges automatically deducted by Simon from any Card balance remaining more than six months after Card issuance (“Dormancy Fees”); and (b) all other persons (excluding Simon) who hold or held Cards sold within the State of New York on or before April 29, 2005 that are or were subject to the Dormancy Fees (the “Class”).
The court by order dated October 20, 2009, directed that a notice of pendency of class action describing the claims and other relevant information should be posted on locations including this website. To see this notice of pendency, click here
Court Documents
On July 9, 2010, the Court issued an order preliminarily approving a settlement of this class action, scheduling a fairness hearing, and authorizing dissemination of the notice of settlement. The following settlement-related documents are available on this website:
The Settlement Agreement with Exhibits
