Settlement Update: February 14, 2017
The court has granted final approval of the settlement. We are in the process of making the final calculations for the check distribution. Depending on your final, calculated award amount, you may receive a check or a request to complete a Substitute IRS Form W-9 prior to receiving your settlement check. Class Members entitled to a settlement payment of $599 or less will not be asked to complete a Substitute IRS Form W-9. If you receive a Substitute IRS Form W-9 request, you must complete the form and mail it back to the Claims Administrator within 30 days of the date of the letter you receive or your check may automatically be subject to tax withholdings, as explained below.
See below for more details about the distribution.
Claimants who are scheduled to receive a single settlement check that is up to $599:
Settlement checks were mailed on March 3, 2017.
Claimants who are scheduled to receive a settlement check that is more than $599:
You will be mailed a Substitute IRS Form W-9 by February 17, 2017. This is to satisfy IRS tax reporting obligations related to the payment you will receive. You must complete the Substitute IRS Form W-9 and return it to the Claims Administrator at the address listed on the letter within 30 days of the date on the letter you receive. You may also fax or email the Substitute IRS Form W-9 directly to Class Counsel by following the instructions on the form.
Your check will be delayed if you do not timely return the completed Substitute IRS Form W-9.
The money you will receive is tax reportable income and the amount of your settlement check will be reported to the IRS. Neither Counsel nor the Claims Administrator can offer tax advice. Please contact a professional tax advisor or other qualified financial counselor with any questions concerning taxes. Failing to return this form on time may have several consequences, including the automatic withholding of up to 28% of your settlement award for federal taxes. It also may make it more difficult for you to recover any overpayment of taxes from your settlement check.
Settlement checks to Class Members who are scheduled to receive more than $599 will be mailed out by March 31, 2017.
All natural persons who: (1) during the period December 12, 2012 through February 18, 2014, inclusive, placed a call while physically located in California to one of Cabela’s toll free telephone numbers and spoke with a representative of Cabela’s; and (2) was either a California resident at the time such call was made or used a phone number with a California area code to place such call regardless of residency, may be entitled to money from a class action settlement. This settlement covers those calls.
Your Legal Rights and Options:
Participate in the Settlement: If you wish to receive a Settlement Payment you may submit a claim on this website under “Submit Claim”. The claim form must be completed and submitted online by 11:59 p.m. PST on December 21, 2016, or postmarked no later than December 21, 2016.
Exclude Yourself: If you ask to be excluded, you are not eligible to receive a Settlement Payment or other Settlement Benefits from this lawsuit, and you cannot object to the terms of the settlement. If you do not want to participate in the Settlement, you must send a letter requesting exclusion postmarked no later than December 21, 2016 or else you will be bound by the Settlement.
Object: You can ask the Court to deny approval of the Settlement by filing an objection. Objections must be postmarked no later than December 21, 2016. If you submit a timely objection to the Settlement, you may also indicate in the objection whether you wish to appear in court and be heard at the time of the Final Approval Hearing.
Do Nothing: If you do nothing, you will not receive any Settlement Payment. By doing nothing, you will be deemed a member of the Class and will be subject to the terms of the Settlement.