Class Eligibility

You are included in this class if you reside (or otherwise live) in the United States and purchased wine from WTSO.com at any point from March 15, 2010 to November 1, 2016 (“Class Period”).

Estimated Amount

Varies

You will receive credits to purchase wine on WTSO.com based on wine purchased during the Class Period if you complete a Verification Form as described below, as follows:

1. For every bottle of wine listed on Exhibit A found here purchased during the Class Period for $12.99 or less, the Class Member will receive a credit of $1.75.

2. For every bottle of wine listed on Exhibit A purchased during the Class Period for $13.00-$18.99, the Class Member will receive a credit of $2.00.

3. For every bottle of wine listed on Exhibit A purchased during the Class Period for $19.00 or greater, the Class Member will receive a credit of $2.25.

4. For every bottle of wine listed on Exhibit B found here purchased during the Class Period for $19.99 or less, the Class Member will receive a credit of $0.50.

5. For every bottle of wine listed on Exhibit B purchased during the Class Period for $20.00 or greater, the Class Member will receive a credit of $0.75.

6. For every bottle of wine not listed on Exhibit A or B purchased during the Class Period, the Class Member will receive a credit of $0.20.

You will not receive a credit for any bottle of wine for which you received a refund. Credits will be good for one year from the date you receive an email with a code for your Credits. Credits will be applied against purchases of any wine the first time it is offered on WTSO.com (with limited exceptions), and on certain other identified wines offered on WTSO.com, at the rate of $2.00 off per bottle, or for the full or remaining credit amount if less than $2.00. WTSO will identify on its website which wines are eligible for credit use.

Proof of Purchase

Yes

Case Name

Cannon, et al. v. Ashburn Corporation d/b/a Wines ‘Til Sold Out,
Case No. 1:16-cv-01452-RMB-AMD
U.S. District Court for the District of New Jersey

Case Summary

Kyle Cannon, Lewis Lyons, and Dianne Lyons (collectively the “Plaintiffs” in this case) allege that because certain wines were not sold anywhere at the purported “Original Price,” the discount advertised by WTSO was not real, and consumers were not buying wines at a discount. The Plaintiffs further allege that WTSO offered wines that were available elsewhere but that the stated “Original Price” of some of these wines was higher than the price set by the winery itself, resulting in a greater advertised discount than would have existed had Defendant used the winery’s price for such wines.

WTSO maintains that the “Original Price” it advertised was the suggested retail price provided to it when it purchased the wine and was an accurate reflection of the value of the wine it sold. WTSO denies all liability of any kind associated with the claims alleged. WTSO further denies that class certification is appropriate for any purpose other than settlement.

Settlement Pool

$10,800,000

Deadline

04/19/2018

Contact


Cannon v. Ashburn Corporation d/b/a Wines ‘Til Sold Out Class Action Settlement
c/o Kurtzman Carson Consultants
P.O. Box 404041
Louisville, KY 40233-4041
1-866-652-8231
info@WineSettlement.com

16 responses to “Wines ‘Til Sold Out Class Action Settlement”

  1. John/Stephanie Felker says:

    My wife Stephanie and I have bought hundreds of bottles of wine from WTSO during the period specified. However, if we have to prove that we purchased the wine, it is not worth our efforts for the amount of the claims provided. It would seem that since they have our customer # and ID, that they would be able to provide the amounts of wine purchased by us. Please let me know how to proceed.

    ADMIN – Hi John,

    If you are a class member and WTSO identified your account they mailed you a card with a PIN that captures all the wine you purchased.

  2. Daniel Howe says:

    I received a claim ID number after I submitted the verification form, but never received a pin number from WTSO. Please advise

    ADMIN – Hi Daniel,

    Please reach out to the class action administrator directly. Their contact information is posted above.

  3. James Belisle says:

    How do I get my claim ID. I do not recall getting anything int he mai. I purchased a lot of wine duing that period.l

    ADMIN – Hi James,

    Please reach out to the class action administrator. They will help you out.

  4. Kathy Lake says:

    I’ve gone through the steps, but not heard anything from them as yet. Do you know when they will start. I bought cases for my son’s wedding during that time

    ADMIN – Hi Kathy,

    If the admin is not responding give class counsel a try. Their info is in the FAQ.

  5. Kent Carruthers says:

    What was the results of the hearing on March 19, 2018?

    ADMIN – Hi Kent,

    The admin has not posted updates.

  6. Sherwin Root says:

    Can you explain why there do not appear to be any foreign wines on the Exhibit? We have purchased a lot of wine, but I think there is more French and Italian wine than American wine.

    Also, when is the cutoff for submitting a claim?

    ADMIN – Hi Sherwin,

    The cutoff is under the subheading deadline. Because this is a false pricing issue it only applies to the wines that did not have an original price featured through other retailers.

    • Sherwin Root says:

      Thanks. That’s interesting, and seems rather odd that the alleged mispricing didn’t cover any foreign wines at all.

  7. Harry Krumrie says:

    I haven’t seen anything new regarding this case.. is it still on going? If so, what is the status…

    ADMIN – Hi Harry,

    This case remains pending.

  8. Dennis Lowden says:

    According to an email yesterday from WTSO, the plaintiffs have withdrawn their suit and the “class” is left twisting in the wind. One speculates whether the 3 original plaintiffs were paid off by WTSO to drop the complaint, especially in light of the court’s ruling this past spring that the settlement offered by WTSO was inadequate to compensate. WTSO is now offering that same compensation to the class members who chose to accept it and forego future litigation. It certainly smells like a sell-out by the original plaintiffs who apparently forgot that they were representing hundreds of us who had also been misled by WTSO claims.

  9. John Tabachnick says:

    I was about to buy a wine from WTSO and now have to decide whether to accept the offer or decline before I can but the present offer. Is there going to be another class or do I just accept the offer?

    ADMIN – Hi John,

    I don’t think there will be another class action.

  10. Aimee says:

    I cannot proceed on the WTSO website without accepting or declining the settlement. Is this the only opportunity for resolution? Are there still ongoing negotiations on behalf of the consumers in the class action? Or is this the last, best, and final offer we will receive? Is there a recommendation on what we should do? I would have to go back and double check, but I believe I would be getting approximately 50 cents per bottle purchased. Does that sound about right?

    ADMIN – Hi Aimee,

    I believe 50 cents per bottle is what I heard from others. To get clarification on all other questions please contact class counsel.

  11. Nancy James says:

    I haven’t received a code for credits as of today’s date!

    ADMIN – Hi Nancy,

    Check with the class action administrator.

  12. Nancy James says:

    The claim form is missing or has been removed? Please help.

    ADMIN – Hi Nancy,

    Once the deadline has passed the form stops working. Always check your dates before filing.

  13. Josh says:

    I stopped buying from WTSO based on their practices and the quality of wine I was receiving. I only went back to try and use my “credits” and WTSO will only let you use $2.00 off per bottle on most wines. It’s a complete waste of a settlement as they make it pretty difficult if you left and didn’t plan to come back.

  14. Kevin says:

    I had applied to be part of the settlement but have heard nothing back…I do have a claim number…what should I do

    ADMIN – Hi Kevin,

    Reach out to the class action administrator.

  15. Warren Shukis says:

    I have heard nothing regarding the settlement since I received my submission acknowledgement in March ’18. What is the status of my claim?

    Claim ID: 10053142-3
    Lin 724953

    Thank you.

    Regards, warren

    ADMIN – Hi Warren,

    We cannot give follow up to individual claims as we are not the class action administrator. To contact the admin scroll up their info is posted above.

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