Five Guys Gift Card Class Action Settlement Gets Preliminary Approval

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New Jersey Court grants preliminary approval of class action settlement in DiSabato & Bouckenooghe LLC's gift card dormancy fee case against Five Guys. Class members to receive up to $50.00 benefit each.

DiSabato & Bouckenooghe LLC obtained preliminary settlement approval in a class action lawsuit against the popular Five Guys Burgers & Fries restaurant chain for the sale of gift cards in the state of New Jersey which contain dormancy fee provisions and expiration provisions in alleged contravention of New Jersey’s Gift Card Act. The lawsuit, captioned Mitchell Storch v. Five Guys Enterprises LLC et al., Docket No. MRS-L-116-11, was filed on behalf of a class of New Jersey consumers who purchased Five Guys branded gift cards containing dormancy fee provisions or expiration provisions on or after April 4, 2006 in the State of New Jersey.

On April 17, 2012, the Superior Court of New Jersey, Law Division, Morris County, granted conditional certification of the settlement class and preliminary approval of the settlement in the Storch action. Members of the settlement class may be entitled to a Five Guys gift card in an amount of up to $50.00 redeemable at Five Guys restaurant locations in New Jersey.

The claim period runs from April 27, 2012 through May 29, 2012. To obtain a detailed copy of the full Notice of Settlement, or to download your Claim Form, visit or

As stated by Five Guys in the approved Notice of Class Action and Proposed Settlement, Five Guys denies any wrongdoing and any liability whatsoever and maintains that it has never charged a dormancy fee for any gift card and that it has never treated a gift card as expired. However, Five Guys concluded that it was in its best interests to settle the Storch Action in order to avoid expense, inconvenience, and interference with ongoing business operations.

Any questions concerning the Storch Action, the Storch Settlement or the Claim Form should be directed to Class Counsel, DiSabato & Bouckenooghe LLC at 973-813-2525 or ddisabato(at)disabatolaw(dot)com, with reference to the “Storch Action.”

DiSabato & Bouckenooghe LLC
4 Hilltop Road, Mendham, New Jersey 07945
David J. DiSabato, Esq., ddisabato(at)disabatolaw(dot)com
Lisa R. Bouckenooghe, Esq., lbouckenooghe(at)disabatolaw(dot)com
Tel.: 973-813-2525

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Lisa Bouckenooghe
DiSabato & Bouckenooghe LLC
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