THIS NOTICE ADVISES YOU OF A PROPOSED CLASS ACTION SETTLEMENT THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
THIS SETTLEMENT WEBSITE is to inform you that the proposed settlement of a class action lawsuit entitled Jordan Lamb v. Bitech, Inc. d/b/a Performance Bicycle Shop, U.S. District Court for the Northern District of California, case number 3:11-cv-05583-EDL (the “Action”) has been preliminarily approved by the Court. In the Action, plaintiff Jordan Lamb represents a class of persons who contend that Performance Bicycle Shop (“Performance”), requested and recorded customers’ Personal Identification Information (addresses, zip codes and/or telephone numbers) in its California stores during the purchase of merchandise or services when paid by means of a personal credit card between October 17, 2010 and August 5, 2013, and that this practice violated a California law. Performance denies each allegation of unlawful conduct and denies any wrongdoing and any liability whatsoever. No court or other entity has made any judgment or other determination of any wrongdoing or liability.
The proposed Settlement provides for a $10 Credit Certificate to eligible Settlement Class members, which may be used for a limited time in a single transaction at any Performance store in California or online, and applied toward the purchase price of merchandise, subject to the terms and conditions of the Settlement. Credit Certificates will be activated when the Court grants final approval of the Settlement.
If you have received a notice and credit certificate by mail or email that was addressed to you, this means that Performance has a valid address for you in its current customer databases and you do not need to submit a claim form. Do not lose it or attempt to duplicate it, as it has an identification number that is unique to you and will be necessary to download and print a credit certificate if the court approves the Settlement, and it will not be replaced if it is lost or stolen.
If you are a Settlement Class Member and did not receive a class action notice by mail or email addressed to you, Performance may not have a valid, current address for you, but you may still be entitled to all of the benefits under the proposed Settlement. To claim a Credit Certificate and to obtain more information, you may obtain the Detailed Notice and download a Claim Form from this website or from the Settlement Administrator at the address below. If you are a Settlement Class member and you submit a valid Claim Form no later than December 4, 2013 you are eligible to receive a Credit Certificate.
This proposed settlement, if approved by the Court, will be binding upon all Settlement Class members who do not affirmatively opt out of it by following the prescribed procedures. IF YOU DO NOT WISH TO BE PART OF THIS SETTLEMENT, you may exclude yourself by delivering a request to Performance Claims Administrator, RG2 Claims Administration, 30 S. 17th Street, Philadelphia, PA 19103, no later than November 4, 2013. The request must contain your full name, current mailing address, phone number, signature, and the statement: “I want to be excluded from the Settlement Class in Lamb v. Performance, Inc.” You also have rights to object to the Settlement by following the instructions in the Detailed Notice. You cannot, however, withdraw from the Settlement Class and object to the settlement. The court will consider objections only from Settlement Class members.
A hearing will be conducted on whether to finally approve the settlement on January 15, 2014 at 2 pm. in Courtroom E of the U.S. District Court for the Northern District of California, located at 450 Golden Gate Avenue, 15th Floor, San Francisco CA 94102. You are not required to attend the hearing in order to participate in the settlement, but you have a right to attend personally or through counsel if you wish to do so, if you provide a timely notice of intent to appear at the hearing to the Court and all counsel, as provided in the Detailed Notice.
If the proposed Settlement is approved, Credit Certificates to eligible class members will be distributed though this Settlement Website.
Additional information regarding this settlement and the full Notice of Pendency of Class Action and Proposed Settlement (“Detailed Notice”), as well as updated information regarding hearing dates and other matters, are available on this website or from the Claims Administrator at the address below. Do not contact the Court or Performance regarding this settlement, as they do not have any additional information regarding the settlement and will refer you to the Claims Administrator for information and claim forms.
Lamb Settlement Claims Administrator
RG/2 Claims Administration
30 S. 17th Street
Philadelphia, PA 19103
Notice / Claim Form -
Court Documents -