A class action lawsuit has been filed against Toys “R” Us, Inc. and Toys “R” Us-Delaware, Inc.
("Toys “R” Us"), which owns and operates Babies “R” Us, Babiesrus.com, Toys “R” Us and
Toysrus.com, on behalf of those persons described above. The law firms who represent Plaintiff
and the Class Members in the Action are Stonebarger Law, A Professional Corporation and
Harrison, Patterson & O'Connor LLP (“Class Counsel”).
The Action alleges that Toys “R” Us engaged in unlawful business practices by failing to
provide full refunds for merchandise credit to customers who returned gifts to a retail store that
were purchased through the internet. Toys “R” Us denies that it has done anything wrong, and
denies that any Class Member has been injured or suffered damages. After analyzing the claims
and defenses in this Action, and taking into account the risks and uncertainty inherent in a trial
and appeals relating to the Action, the parties have concluded that it is in their respective best
interests to settle the Action on the terms summarized in this Notice.
The settlement was reached through lengthy arms-length negotiations between the parties and
with the assistance of a neutral mediator, the Honorable Edward A. Infante (Ret.).
Judge Joseph H. Huber of the Santa Clara County Superior Court has determined that the Action
should proceed as a Class Action, for purposes of settlement only, with Plaintiff as the
representative of the Class, and granted preliminary approval of the settlement, subject to a final
fairness hearing discussed below.