Frequently Asked Questions

  1. Am I being sued?
  2. Why did I receive in the mail a Customer Notice of the proposed Settlement?
  3. What is this lawsuit and the other lawsuits affected by the proposed Settlement about?
  4. Where is this case pending? Who is the Judge?
  5. What lawsuits will be resolved by the proposed Settlement?
  6. Who are the Settling Defendants?
  7. What is an Ancillary Charge?
  8. I have not paid Ancillary Charges to any of the Settling Defendants, but I have paid Ancillary Charges to other textile rental services companies, am I eligible to participate?
  9. What is a class action?
  10. Have the Settling Defendants admitted to any wrongdoing?
  11. Do I need to submit a Claim Form?
  12. Who is in the proposed Settlement Class?/What is the proposed Class Period?
  13. What benefits to the Settlement Class does the proposed Settlement provide?
  14. What can the discount Certificates described in the proposed Settlement be used for?
  15. I used to be a customer of National Linen, but National Linen has sold its plants. Where can I use the discount certificates that I receive from National Linen?
  16. Can I use my discount Certificates with any Settling Defendant?
  17. How many Certificates would I receive under the Proposed Settlement?
  18. When will I get my discount Certificates?
  19. Do I have to participate in the proposed Settlement?
  20. How do I “opt out” of the proposed Settlement Class?
  21. Can I fax you my Opt Out Notice?
  22. Does anyone represent me in this lawsuit or in the other lawsuits affected by the proposed Settlement?
  23. Will I have to pay Class Counsel for anything in connection with this lawsuit?
  24. What if I want my own lawyer to represent me in this lawsuit?
  25. How do I contact Class Counsel?
  26. What if I don’t like the proposed Settlement?
  27. Where and when will the Court decide whether to finally approve the proposed Settlement?
  28. Do I need to attend the Fairness Hearing?
  29. May I speak at the Fairness Hearing?
  30. How can I get more details about the proposed Settlement?
  31. Does the proposed Settlement contain a release?
  32. Where can I get a copy of the proposed Settlement Agreement?
  1. Am I being sued? (top)

    No, you are not being sued. If you paid Ancillary Charges to one or more of the Settling Defendants during the Class Period, you are entitled to benefits under the proposed Settlement. The notices of the proposed Settlement are intended to inform you of your rights under the proposed Settlement.

  2. Why did I receive in the mail a Customer Notice of the proposed Settlement? (top)

    Records submitted to the Court show that you paid an Ancillary Charge to one or more of the Settling Defendants during the Class Period. The Court directed that the Customer Notice be mailed to you because you have the right to know how the proposed Settlement will affect you and the options you have with regard to the proposed Settlement.

  3. What is this lawsuit and the other lawsuits affected by the proposed Settlement about? (top)

    The Plaintiffs in this lawsuit and in other similar lawsuits claim that the Settling Defendants wrongfully charged customers Ancillary Charges, including but not limited to Ancillary Charges relating to the environment, that were misleading, unfair, and violated various state and federal laws. Each Settling Defendant denies any wrongdoing of any kind and denies any liability to any of the Plaintiffs or to any member of the proposed Settlement Class.

  4. Where is this case pending? Who is the Judge? (top)

    The lawsuit is pending in the Circuit Court of Barbour County (Clayton Division), Alabama. The Judge is Circuit Court Judge Burt Smithart.

  5. What lawsuits will be resolved by the proposed Settlement? (top)
    • In re Textile Rental Services Litigation, Circuit Court of Barbour County, Alabama, Civil Case No. CV-05-0019.
    • Redmon v. Mission Linen Supply, et al. (Napa County Superior Court, California) (Case No. 26-17325).
    • Piatti Restaurant Company, L.P. v. Steiner Corporation, et al. (San Francisco County Superior Court, California) (Case No. 400406).
    • Richard A. Arrandt (d/b/a Arrandt Healthcare & Rehabilitation Center) v. Steiner Corporation (Cook County Court, Illinois (Chancery Division)) (Case No. 03CH13169).
    • Research Solvents & Chemicals, Inc. v. AmeriPride, Inc. (Jefferson County Circuit Court, Alabama (Bessemer Division)) (Case No. CV-2002-1727).
    • Redmon, et al. v. G&K Services, Inc., et al. (United States District Court for the Northern District of California, San Francisco Division) (Case No. C06-3001-MMC).
  6. Who are the Settling Defendants? (top)

    The Settling Defendants are: UniFirst Corporation; Mission Linen Supply; G&K Services, Inc.; AmeriPride Services, Inc.; National Linen and Uniform Service LLC (now National Services Industries, Inc.); and Steiner Corporation (now Alsco and formerly American Linen).

  7. What is an Ancillary Charge? (top)

    The proposed Settlement Agreement defines an Ancillary Charge as, “Any and all charges that appeared on any invoice as separate charges, excepting only charges based on unit prices for goods and services, that any Current Customer or Former Customer of any Settling Defendant paid to any Settling Defendant during the Class Period. Without limiting the preceding definition in any way, and by way of examples only, the following are Ancillary Charges: “Abused Linen Charge,” “Automatic Loss Charge,” “Cabinet Rental Charge,” “DEFE (Delivery, Environment, Fuel and Energy) Charge,” “Delivery Charge,” “Deposit,” “Ecological Charge,” “Ecological Fee,” “Emblem Charge,” “Embroidery Charge,” “Energy Charge,” “Environmental Charge,” “Environmental Waste Water Charge,” “Environmental/Delivery Charge,” “Fuel Charge,” “Fuel and Energy Charge,” “Garment Preparation Charge,” “Hazardous and Regulatory Compliance Charge,” “Hazardous Materials Charge,” “Hamper Rental Charge,” “Handling Charge,” “Hazardous Materials Handling Charge,” “Hazmat/Regulatory Charge,” “Inventory Maintenance Charge,” “Inventory Minimum Charge,” “Inventory Minimum Differential Charge,” Locker Rental Charge,” “Loss and Abuse Charge,” “Lost Linen Charge,” “Minimum Delivery Charge,” “Out Sizes Charge,” “Prep. Charge,” “Processing Charge,” “Regulatory Compliance Charge,” “Replacement Charge,” “Restocking Charge,” “Service Charge,” “Set-Up Charge,” “Shelf Inventory Charge,” “Special Cut Charges,” “Stop Minimum Charge,” “Swing Set Charge,” Systematic Replacement Charge,” “Temporary Energy Surcharge,” “Towel Replacement Charge,” “Variable Energy Charge,” “Waste Water Charge,” “WW Charge,” “Wiper Replacement Charge,” any charge that contains an environment-related term or abbreviation; and any other charge similar in name or purpose to the preceding terms and abbreviations.”

  8. I have not paid Ancillary Charges to any of the Settling Defendants, but I have paid Ancillary Charges to other textile rental services companies, am I eligible to participate? (top)

    No. You may not participate in the proposed Settlement of this lawsuit unless you paid an Ancillary Charge to a Settling Defendant within the Class Period.

  9. What is a class action? (top)

    In a class action, one or more persons (including business entities) called Class Representatives purport to sue on behalf of other similarly situated persons with similar claims. In a class action, one court resolves the claims of all Class Members, except for those Class Members that “opt out” of the Class.

  10. Have the Settling Defendants admitted to any wrongdoing? (top)

    No. None of the Settling Defendants has admitted to any wrongdoing or liability, and the Court has not decided the merits of the Plaintiffs’ claims or the Settling Defendants’ defenses. The Plaintiffs and the Settling Defendants engaged in extensive mediations and negotiations and agreed to settle their disputes rather than to continue litigating them. That way, all Parties avoid the time and expense of a trial, the Settling Defendants can go about their businesses, and the Class Members will receive benefits. Class Counsel and the Class Representatives believe that the proposed settlement is fair, reasonable and adequate, and is in the best interests of all Class Members.

  11. Do I need to submit a Claim Form? (top)

    If you received a Customer Notice addressed to you in the mail, then you are a member of the proposed Settlement Class and you do not need to take any additional action to receive the benefits of the proposed Settlement.

    If you are a member of the proposed Settlement Class and you did not receive a Customer Notice addressed to you in the mail, then you must submit a Claim Form to the Claims Administrator in order to be eligible for any benefit under the proposed Settlement. The completed Claim Form must be received by the Claims Administrator no later than February 16, 2007.

  12. Who is in the proposed Settlement Class?/What is the proposed Class Period? (top)

    The proposed Settlement Class includes, “All persons in the United States that paid any Ancillary Charge to any Settling Defendant during the Class Period.”

    The Class Period varies by Settling Defendant as follows:

    DefendantPeriod
    Unifirst Corporation: August 31, 1997 to March 31, 2006
    Mission Linen Supply: January 1, 1996 to September 30, 2005
    Steiner Corporation (now known as Alsco and formerly doing business as American Linen): April 25, 1992 to January 31, 2006
    AmeriPride Services, Inc.: March 21, 1991 to March 31, 2006
    G&K Services, Inc.: July 1, 1999 to July 1, 2006
    National Linen and Uniform Service LLC (now National Services Industries, Inc.): September 1, 1997 to July 26, 2006

    If you received a Customer Notice addressed to you in the mail, you are a member of the proposed Settlement Class, unless you opt out of the Class.

    If you fall within the class definition but did not receive a Customer Notice addressed to you in the mail, you are also a member of the proposed Settlement Class unless you opt out of the Class. However, you must submit a Claim Form to the Claims Administrator in order to be eligible for any benefit under the proposed Settlement. The completed Claim Form must be received by the Claims Administrator no later than February 16, 2007. If your Claim Form is approved by the Claims Administrator and is not objected to by one of the Settling Defendants, you will receive your benefits under the proposed Settlement. If your Claim Form is objected to by one of the Settling Defendants, the Court will decide whether or not you are a member of the proposed Settlement Class.

  13. What benefits to the Settlement Class does the proposed Settlement provide? (top)

    Each Settling Defendant has agreed to provide between 2 and 16 discount certificates to each of their Current Customers and Former Customers who fall within the definition of the Settlement Class.

    In addition, each Settling Defendant has agreed that, if in the future it charges a customer certain Ancillary Charges, then it will make a certain written disclosure that has been approved by the Court. Because the charges are different for each Settling Defendant, the agreed-upon disclosure is different for each Settling Defendant.

  14. What can the discount Certificates described in the proposed Settlement be used for? (top)

    Each discount certificate may be used with future direct purchases or catalogue purchases for a discount of 20% up to $25 off current published or standard prices OR a discount of 10% up to $25 off current invoice rental prices for New Rentals from the Settling Defendant that issued the discount certificate. A New Rental is the rental of a product or service that you are not currently renting from the Settling Defendant whose discount certificate you are using. Any New Rental will be made subject to the terms and conditions of the standard rental agreement offered by the Settling Defendant that issued the discount certificate that you are using.

  15. I used to be a customer of National Linen, but National Linen has sold its plants. Where can I use the discount certificates that I receive from National Linen? (top)

    If the Settlement is approved, Alsco (one of the six settling defendants) will: (a) honor its own and National Linen's discount certificates in the same manner; or (b) seek court approval to issue Alsco discount certificates in lieu of National Linen discount certificates.

  16. Can I use my discount Certificates with any Settling Defendant? (top)

    No. Each discount certificate may be used only for future direct purchases, catalogue purchases, or New Rentals from the Settling Defendant that issued the discount certificate.

  17. How many Certificates would I receive under the Proposed Settlement? (top)

    The number of discount certificates that you would receive depends upon the number of years that you were continuously a customer of a Settling Defendant as follows:

    Years As Customer Number of Certificates
    = 4 years 16
    = 3 and < 4 years 12
    = 2 and < 3 years 8
    = 1 and < 2 years 4
    < 1 year 2

  18. When will I get my discount Certificates? (top)

    The Court will hold a Fairness Hearing on December 8, 2006 to decide whether to finally approve the proposed Settlement. If the Court finally approves the proposed Settlement and there is no appeal, Settlement Class Members will receive their discount certificates within a few months from the date the Court finally approves the Settlement. If there is an appeal of the Court’s final approval of the Settlement, any mailing of the discount certificates will be considerably delayed. If the Court refuses to finally approve the Settlement, or any approval of the Settlement is reversed on appeal, the proposed Settlement will not take effect and the discount certificates will not be mailed.

  19. Do I have to participate in the proposed Settlement? (top)

    No. If you do not want to participate in the proposed Settlement and you want to keep the right to sue or continue to sue a Settling Defendant concerning Ancillary Charges, then you must “opt out” of the proposed Settlement Class.

  20. How do I “opt out” of the proposed Settlement Class? (top)

    To “opt out” of the proposed Settlement Class, you must send a written notice to the Claims Administrator clearly stating that you want to “opt out” of the Settlement Class in In re Textile Rental Services Litigation. The notice must include your full name and current business address and telephone number. The notice must be signed by someone with authority to bind you or the entity that is opting out. You must mail your notice by first class mail so that it is received by the Claims Administrator no later than November 20, 2006. The address of the Claims Administrator is:

    Claims Administrator
    In re Textile Rental Services Litigation
    P.O. Box 1856
    Faribault, MN 55021-7111

    If you timely “opt out” of the Settlement Class, you will not receive any discount certificates, you will not be allowed to object to the proposed Settlement, and you will not be bound by any term in the proposed Settlement Agreement.

  21. Can I fax you my Opt Out Notice? (top)

    No. Opt Out Notices must be sent to the Claims Administrator by First Class Mail. The Claims Administrator must receive the Opt Out Notice no later than November 20, 2006. The address of the Claims Administrator is:

    Claims Administrator
    In re Textile Rental Services Litigation
    P.O. Box 1856
    Faribault, MN 55021-7111

  22. Does anyone represent me in this lawsuit or in the other lawsuits affected by the proposed Settlement? (top)

    Yes. The Court has appointed lawyers to represent you and all other members of the proposed Settlement Class. These lawyers are called Class Counsel. Class Counsel is made up of the following attorneys:

    • Charles A. McCallum, III, Esq., R. Brent Irby, Esq. and the law firm of McCallum, Hoaglund, Cook & Irby, LLP
    • Kenneth A. Wexler, Esq., Edward A. Wallace, Esq., Mark J. Tamblyn, Esq. and the law firm of Wexler Toriseva Wallace LLP
    • Barbara Hart, Esq. and the law firm of Labaton Sucharow & Rudoff LLP
    • Lawrence G. Papale, Esq. and the Law Offices of Lawrence G. Papale
    • Robert Peterson, Esq., Joseph P. Brent, Esq. and the law firm of Carlson, Calladine & Peterson, LLP
    • Samuel M. Hill Esq. and the law firm of Gardner, Middlebrooks, Kittrell, Olsen, Walker & Hill, P.C.
    • James H. McFerrin, Esq.
    • Brooks Cutter, Esq. and the law firm Kershaw, Cutter & Ratinoff, LLP
    • McCallum Methvin & Terrell
    • Irby Law Firm, LLP
    • Gene Menges, Esq.
  23. Will I have to pay Class Counsel for anything in connection with this lawsuit? (top)

    No. The Settling Defendants will pay any attorneys’ fees and expenses that the Court awards to Class Counsel. The amount paid will not diminish the benefits awarded members of the proposed Settlement Class under the proposed Settlement.

  24. What if I want my own lawyer to represent me in this lawsuit? (top)

    If you want to be represented by your own lawyer in this lawsuit you may hire one at your own expense.

  25. How do I contact Class Counsel? (top)

    If you want to contact Class Counsel, you should call Charles A. (“Chip”) McCallum, III, Esq. at 205-824-7767 or email him at cmccallum@mhcilaw.com.

  26. What if I don’t like the proposed Settlement? (top)

    If you are a Class Member and you do not “opt out” of the Settlement, then you can object if you do not like the terms of the proposed Settlement.

    To object to the proposed Settlement, you must send a written notification to the Clerk of Court with your full name and current business address that clearly states your desire to object to the proposed Settlement. The notification must also clearly state “In re Textile Rental Services Litigation” on the envelope and notification. The notification must also state in reasonable detail the reason(s) for your objection(s) and you must simultaneously submit all documents that you want the Court to consider. The notification must be signed by someone with authority to bind the person or entity objecting. The notification must also clearly state whether you intend to appear at the Fairness Hearing which will be held on December 8, 2006. You must mail your objection by first class mail so that it is received by the Clerk of Court no later than November 20, 2006. The address for the Clerk of Court is:

    In re Textile Rental Services Litigation
    Clerk of Court
    Circuit Court of Barbour County (Clayton Division)
    P.O. Box 219
    Clayton, Alabama 36016

  27. Where and when will the Court decide whether to finally approve the proposed Settlement? (top)

    The Court will hold a Fairness Hearing at the Circuit Court of Barbour County (Clayton Division), 1 Court Square, Clayton, Alabama 36016 on December 8, 2006 at 8:30 a.m.

  28. Do I need to attend the Fairness Hearing? (top)

    No. At the Fairness Hearing, Class Counsel will represent all Class Members and answer questions on behalf of all Class Members. The Court will consider at the Fairness Hearing all objections that have been filed, regardless of whether the person who filed the objection is present.

  29. May I speak at the Fairness Hearing? (top)

    Yes, but only if the notification of your objection to the proposed Settlement clearly states your intention to appear and speak at the Fairness Hearing. Even if you file a proper objection, if you don’t clearly state in that notification an intention to appear and speak at the Fairness Hearing, you will be prohibited from speaking at the Fairness Hearing. You may not speak at the Fairness Hearing if you “opt out” of the proposed Settlement.

  30. How can I get more details about the proposed Settlement? (top)

    Additional details about the proposed Settlement Agreement are contained in the Settlement Agreement and Customer Notice, both of which are available on this website. You may also call the Claims Administrator at 1-866-483-0373 for information.

  31. Does the proposed Settlement contain a release? (top)

    Yes. If you are a member of the Settlement Class, if the proposed Settlement is finally approved by the Court, if approval of the Settlement is affirmed on any appeal, and if you do not “opt out” of the proposed Settlement Class, then “You will release and forever discharge all Settling Defendants from all claims, including all claims for damages (compensatory, incidental, punitive, statutory, or any other type), costs, expenses, penalties, interest, attorneys’ fees and costs, known or unknown, foreseen or unforeseen, contingent or otherwise, suspected or unsuspected, in law or in equity, whether based on federal law (including without limitation the Sherman Anti-Trust Act (15 U.S.C. §§ 1-7), Clayton Act (15 U.S.C. §§ 12-14, 19, 21, 22-27), and Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. §§ 1961-1968)), state or common law, whether or not asserted in this lawsuit or other similar lawsuits (collectively “Claims”), and regardless of whether or not you receive discount certificates, based on, arising out of, or relating in any way to, all Ancillary Charges that you paid to any one or more of the Settling Defendants. You will also release and forever discharge all Settling Defendants from all Claims based on, arising out of, or relating in any way to, all conduct and activity concerning all Ancillary Charges that you paid to any one or more of the Settling Defendants. This release also includes all Claims that have been brought or could have been brought in this lawsuit or other similar lawsuits and all Claims against counsel for the Settling Defendants based on, arising out of, or relating in any way to, all conduct and activity in connection with the mediation, negotiation, preparation, execution, implementation and administration of the settlement. This release also includes all Claims based on, arising out of, or relating in any way to, payment of Alabama sales taxes in connection with any transaction involving Ancillary Charges.

    You are also expressly waiving and releasing any and all rights and benefits created by Section 1542 of the California Civil Code, which reads:

    SECTION 1542. CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR

    and any and all rights and benefits created by any federal, state or common law that is similar, comparable or equivalent to Section 1542 of the California Civil Code, including without limitation, N.D. Cent. Code § 9-13-02, Mont. Code Ann. § 28-1-1602, and S.D. Codified Laws § 20-7-11, or that restricts in any way the scope of a release to claims that a person knows or suspects to exist in that person’s favor regardless of whether knowledge of such a claim would have materially affected that person’s settlement of claims.

    Section 12 of the Settlement Agreement details the release that will bind members of the Settlement Class.

  32. Where can I get a copy of the proposed Settlement Agreement? (top)

    A copy of the proposed Settlement Agreement is available on this website.