The settlement provides for both programmatic and monetary relief:
- Wal-Mart is automating certain systems so that for return transactions that take place at a Wal-Mart or Sam’s Club location with a different tax rate than the purchase transaction, the difference in the tax rates will be automatically calculated. Wal-Mart may implement the automated system in stages, but it is presently anticipated that the automated system will be initiated at all Wal-Mart and Sam’s Club locations and for Walmart.com and Samsclub.com by November 1, 2016. Wal-Mart agrees to continue to use this automated system, or a similar solution, for a period of at least three years.
- Wal-Mart will fund a Class Settlement Amount in the amount of $5,000,000. The Class Settlement Amount will be used to provide Settlement Class Members with the opportunity to apply for and receive a credit in the form of a gift card (redeemable towards purchases made at Walmart stores, Sam’s Club stores, walmart.com, or samsclub.com), pay for administration of the settlement proceeds, pay attorney fees and expenses, and to pay for incentive awards to the Class Representatives. The value of the gift card will be between $3.00 and $15.00, depending on the number of claims submitted.
- In exchange for these settlement benefits, Plaintiffs and each Settlement Class Member who has not validly and timely requested exclusion from the settlement shall be deemed to have fully, finally, and forever released any and all claims against the Defendant relating to the nature of the lawsuit.
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