CLASS ACTION SETTLEMENT NOTICE

TO:     All persons who, between January 1, 2011 and January 14, 2011, used a credit card to make a purchase at a Bed Bath & Beyond store located in California and whose personal identification information, including, but not limited to, home ZIP code, was requested and recorded during the credit card purchase transaction.

YOU ARE HEREBY NOTIFIED that a proposed class action settlement has been preliminarily approved by the Court inBarbara Salmonson v. Bed Bath & Beyond, Inc. and Bed Bath & Beyond of California Limited Liability Company, Case No. 2:11-cv-02293-SVW-SSx (United States District Court, Central District of California) (the “Salmonson Action”). 

Plaintiff in the Salmonson Action alleges that Bed Bath & Beyond Inc. and Bed Bath & Beyond of California Limited Liability Company (collectively, “BBB”) violated California Civil Code section 1747.08 by requesting and recording personal identification information, including, but not limited to, home ZIP codes, of Bed Bath & Beyond customers who paid for merchandise in a California Bed Bath & Beyond store using a credit card.  BBB denies all allegations of wrongdoing, and no court or other entity has made any judgment or other determination of any liability.

If you purchased merchandise with a credit card at a Bed Bath & Beyond store located in California between January 1, 2011 and January 14, 2011, your rights may be affected by the settlement of this action.  Under the proposed settlement, BBB has agreed to provide Settlement Class Members who submit a complete, accurate, valid, and timely Claim Form, a choice of either a seven dollar ($7.00) BBB gift card or a BBB discount certificate for fifteen percent (15%) off any purchase of up to $250.00.  To receive the class benefit, your Claim Form must be mailed to the Settlement Administrator at PO Box 2729, Faribault, MN 55021-9729, postmarked no later than November 7, 2012.  Claim Forms are available at www.BBBZipCodeSettlement.com or by request to the Settlement Administrator.

If you do not want to be bound by the settlement, you must exclude yourself by sending a letter by U.S. Mail stating: “I request that I be excluded from the Settlement in Barbara Salmonson v. Bed Bath & Beyond, Inc. and Bed Bath & Beyond of California Limited Liability Company (Case No. 2:11-cv-02293-SVW-SSx).  I understand that by requesting to be excluded from the Settlement Class, I will not receive any benefits under the settlement.”  You must also include: (1) the name of the Salmonson Action; (2) your full name, current address, and telephone number; (3) your signature; and (4) the words “Request for Exclusion” at the top of the document.  Your Request for Exclusion must be mailed to the Settlement Administrator at PO Box 2729, Faribault, MN 55021-9729, postmarked no later than November 7, 2012.

You may also file with the Court objections to the settlement by November 7, 2012.  The Court will hold a hearing in this case on January 28, 2013, to consider whether to approve the settlement.  You may ask to appear at the hearing, either in person or through an attorney of your choosing, but you are not required to do so.

If you do nothing, you will be included in the Settlement Class.  You will not, however, receive the class benefit provided under the settlement.  To receive the class benefit you must submit a valid and timely Claim Form.  You will be bound by the terms and conditions of the proposed settlement.  You will not be able to pursue any other lawsuit against BBB concerning or relating to the claims alleged in the Salmonson Action.

For further information regarding the settlement and your rights, including a copy of the proposed Class Action Settlement Agreement and Release and a Claim Form, please visit www.BBBZipCodeSettlement.com or write to the Settlement Administrator at PO Box 2729, Faribault, MN 55021-9729.  You may also call the Settlement Administrator toll free at 1-877-465-4891.

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