Frequently Asked Questions


  1. Why did I receive a cash award or voucher award?

    You received a Cash Award in the form of a check, or a Voucher Award serving as a replacement to the original Voucher Award, because it was determined that you were part of the Settlement Class and also submitted a timely and valid Claim Form requesting one of the two award options.

    You are a member of the Settlement Class if:

    • You consented to receive three (3) text message advertisements per week from The Men’s Wearhouse; and
    • You were sent more than three (3) text message advertisements in any given seven-day period by The Men’s Wearhouse from shortcode 66960 during the period from October 16, 2013 through November 16, 2018.
    Back To Top
  2. Why didn’t I receive a cash award or voucher award?

    If you did not receive a Cash Award or Voucher Award, it is because you are not a Class Member or did not submit a timely and valid claim form.

    Back To Top
  3. How do I negotiate my check that says “this check may not be cashed at a check cashing agency or money service business?

    The settlement check may be cashed, deposited, or otherwise negotiated at any bank or financial institution (like a credit union) that is not a check cashing agency or money servicing business. If you are unable to cash the check at a bank or other financial institution, you may request that a replacement check be issued to you without the ‘check cashing’ language.

    To receive a replacement check, you must return the original check to the Settlement Administrator, accompanied by a written request asking that a replacement check be issued and mailed to you without the ‘check cashing’ language at:

    Oliver v. The Men’s Wearhouse, Inc.
    Settlement Administrator
    P.O. Box 3656
    Portland, OR 97208-3656

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 180-day stale date.

    The deadline to request a check reissue is October 25, 2019.

    Back To Top
  4. Can you update my address and re-mail my check?

    To request a replacement check be mailed to you at an updated address, please mail a signed, written request, asking that a replacement check be reissued and mailed to you. Please also indicate your current and former mailing addresses. Mail your check with request to:

    Oliver v. The Men’s Wearhouse, Inc.
    Settlement Administrator
    P.O. Box 3656
    Portland, OR 97208-3656

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 180-day stale date.

    The deadline to request a check reissue is October 25, 2019.

    Back To Top
  5. Can you expedite my check reissue?

    Unfortunately, it is not possible to expedite a check reissue.

    Back To Top
  6. What is the deadline to request a check reissue?

    The deadline to request a check reissue is October 25, 2019.

    Please see the other applicable reissue FAQs to read about the procedure for requesting a check reissue.

    Back To Top
  7. How can I receive a new check if I lost mine or it got damaged?

    If your settlement check was damaged or lost, but is not yet stale, you may request that a replacement check be mailed to you. To do so, please return your damaged check to us with a signed, written request asking that a replacement check be issued and mailed to you. If the check is stale, only the signed, written request is required and not the check. Please mail your check and request to the Settlement Administrator at the following address:

    Oliver v. The Men’s Wearhouse, Inc.
    Settlement Administrator
    P.O. Box 3656
    Portland, OR 97208-3656

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 180-day stale date.

    The deadline to request a check reissue is October 25, 2019.

    Back To Top
  8. Can I have my check reissued under a new name (e.g. last name change or business is defunct)?

    First, please go to the bank or financial institution in which you are a current account holder, as they may negotiate the settlement check if documentation regarding the status of your name change is presented.

    If your bank or financial institution will not negotiate the check as-is, please return the original check to the Settlement Administrator at:

    Oliver v. The Men’s Wearhouse, Inc.
    Settlement Administrator
    P.O. Box 3656
    Portland, OR 97208-3656

    Be sure to include a signed, written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check. You do not need to provide documentation for the name change.

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 180-day stale date.

    The deadline to request a check reissue is October 25, 2019.

    Back To Top
  9. What do I do if the person on the check is incapacitated or deceased?

    First, please go to the financial institution at which you are a current account holder; your bank may cash or deposit the check if documentation is presented regarding the status of the account holder and your status as the beneficiary/executor.

    If your bank will not cash the check, please return the original check along with a letter, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the deceased class member, to the Settlement Administrator at:

    Oliver v. The Men’s Wearhouse, Inc. Settlement Administrator P.O. Box 3656 Portland, OR 97208-3656

    The deadline to request a check reissue is October 25, 2019.

    Back To Top
  10. Can I negotiate a higher settlement award amount?

    No, all Settlement Award amounts are final.

    Back To Top
  11. Why did I receive a notice directing me to this website?

    The Court ordered a Postcard and Email Notice because you have a right to know about a proposed settlement of a class action of which you may be a member, and to know about your options, before the Court decides whether to approve the Settlement.

    This website explains the Action, the Settlement, your legal rights, the benefits available, who is eligible for them, and how to get them.

    The court responsible for the Action is the United States District Court for the Central District of California, and the Action is titled Anthony Oliver v. The Men’s Wearhouse, Inc., Case No. 2:16-cv-01100-TJH-AS.

    The person who sued is called the Plaintiff and the company he sued, The Men’s Wearhouse, Inc. (“The Men’s Wearhouse”), is called the Defendant.

    Back To Top
  12. What is this class action about?

    This Action claims that The Men’s Wearhouse violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) by sending unauthorized text message advertisements to the Class. The Men’s Wearhouse denies that it violated the TCPA.

    Back To Top
  13. What is a class action and who is involved?

    In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who may have similar claims. The Class Representative in this Action is Anthony Oliver.

    The consumers he seeks to represent are the “Class” or “Class Members.” One court resolves the issues for everyone in the Class, except for those people who request to exclude themselves from the Class.

    Back To Top
  14. Why is this Action being settled?

    After good-faith negotiations, the Class Representative and The Men’s Wearhouse have agreed to settle this case rather than continue with litigation. The Settlement represents a compromise of highly disputed claims and is not an admission that The Men’s Wearhouse violated the law.

    The Parties and their attorneys believe the Settlement is in the best interests of the Class and the Men’s Wearhouse, given the risks and expense of going to trial.

    Back To Top
  15. Has the Court decided who is right?

    The Court has decided that the Settlement is in all respects fair, reasonable, adequate, and in the best interests of the Class, taking into account the risks that both sides faced with respect to the merits of the claims alleged and remedies requested, the risks of maintaining a class action, and the expense and duration of further litigation, and therefore the Settlement is approved.

    Back To Top
  16. Who is the Settlement Administrator?

    The Settlement Administrator is an independent third party appointed by the Court to send Notice, process and issue settlement checks, and otherwise administer the Settlement. The Court has approved Epiq to be the Settlement Administrator in this case.

    You may contact the Settlement Administrator to provide updated contact information or ask questions regarding the processing of settlement awards. You may contact the Settlement Administrator at:

    writeIcon Write Us:

    Oliver v. The Men’s Wearhouse, Inc.
    Settlement Administrator
    P.O. Box 3656
    Portland, OR 97208-3656

    phoneIcon Call Us:

    1-877-804-6493 (Toll-Free)

    emailIcon Email Us:

    info@MensWearhouseSettlement.com

    Back To Top
  17. Am I part of this Class?

    You are part of the Settlement if:

    • You consented to receive three (3) text message advertisements per week from The Men’s Wearhouse; and
    • You were sent more than three (3) text message advertisements in any given seven-day period by The Men’s Wearhouse from shortcode 66960 during the period from October 16, 2013 through November 16, 2018.
    Back To Top
  18. What does the Settlement generally provide?

    The Settlement provides for The Men’s Wearhouse to make available class funds in the amount of up to $1,800,000 (the “Class Funds”). The Class Funds will be made available to Class Members, with each qualifying Class Member being able to receive one of two awards:

    • A Voucher Award, which is a $20 merchandise credit voucher that can be used to purchase merchandise at any The Men’s Wearhouse retail store. The Voucher is freely transferrable, is good on all merchandise (including sale, discount, or promotional pricing), requires no minimum purchase, and does not expire for one (1) year; or
    • A Cash Award, which is redeemable for $10 in the form of a check mailed to you.

    Class Members who did not timely request to be excluded from the Settlement have released any claims they might have against The Men’s Wearhouse related to any text messages that they may have received from The Men’s Wearhouse, including the allegations that were raised in the Action.

    Back To Top
  19. How do I receive money under the Settlement?

    If you received notice of the Settlement by email or in the mail, you do not have to do anything to elect the Voucher Award, which is included in the notice that was sent to you, and you are free to use the Voucher Award at any time prior to expiration.

    If you opted to receive the Cash Award instead of the Voucher Award, you must have submitted a Claim Form.

    The Claim Form must have been completely filled out, then postmarked or electronically submitted no later than January 30, 2019, and the phone number provided must match the records of The Men’s Wearhouse for the phone numbers that received more than three text message advertisements in a seven-day period during the period from October 16, 2013 through November 16, 2018.

    If you submitted a Claim Form via U.S. Mail, you must have included the unused Voucher Award. If you submitted the Claim Form electronically, you must have refrained from using the Voucher Award and destroyed any copies that you may have. Once you use the Voucher Award, you may not also receive a Cash Award.

    If you did NOT receive notice of the Settlement by email or in the mail, then you must have submitted a Claim Form to receive either the Cash Award or Voucher Award. The Claim Form must have been completely filled out, then postmarked or electronically transmitted no later than January 30, 2019, and the phone number that you provided must match the records of The Men’s Wearhouse for the phone numbers that received more than three text message advertisements in a seven-day period during the period from October 16, 2013 through November 16, 2018.

    Back To Top
  20. How do I request to be excluded from the Settlement?

    The deadline to exclude yourself from the Settlement was January 30, 2019.

    Back To Top
  21. May I object to the Settlement?

    The deadline to object to the Settlement was January 30, 2019.

    Back To Top
  22. When will I receive my payment?

    The Court held a Final Approval Hearing on March 18, 2019 at 10:00am at the Federal Courthouse, 350 W. 1st St., Courtroom 9B, 9th Floor, Los Angeles, California 90012 to decide whether to approve this Settlement.

    The Court approved the Settlement and the Court order became final. Payments will be mailed on April 25, 2019.

    For those who filed a timely, valid claim requesting a $10 cash award, a check will be mailed. For those who filed a timely, valid claim requesting a $20 replacement voucher, a voucher will be mailed.

    Back To Top
  23. What if I do nothing?

    It depends on whether or not you received notice of this Settlement by email or in the mail. If you received notice by email or in the mail and you did nothing, you were deemed to have elected the Voucher Award, and you may use the Voucher Award that was provided with the Notice to purchase merchandise at The Men’s Wearhouse, according to the terms printed on the Voucher Award. If you did not receive notice by email or in the mail and did nothing, you will not receive any payment under the Settlement.

    If you did nothing, you gave up any rights you would otherwise had to sue The Men’s Wearhouse for the claims described in FAQ 32.

    Back To Top
  24. Do I have a lawyer in this action?

    The Court has determined that Myles McGuire, Esq., Evan M. Meyers, Esq., and Eugene Turin, Esq. of McGuire Law, P.C. are qualified to represent you and all Class Members. These lawyers are called “Class Counsel.” They are experienced in handling similar cases, and you will not be charged for these lawyers. Their contact information is:

    Evan M. Meyers
    Eugene Y. Turin
    MCGUIRE LAW, P.C.
    55 W. Wacker Drive
    9th Floor
    Chicago, IL 60601
    phoneIcon 1-312-893-7002
    emailIcon emeyers@mcgpc.com
    emailIcon eturin@mcgpc.com

    Back To Top
  25. May I get my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is already working on your behalf. Nonetheless, you may hire your own lawyer if you wish. If you hire your own lawyer, however, you are responsible for paying for that lawyer.

    Back To Top
  26. How will Class Counsel be paid?

    You do not have to pay Class Counsel’s fees and costs. The fees and expenses that the Court approved will be paid by The Men’s Wearhouse. More information about the attorneys’ fees and costs is contained in FAQ 29.

    Back To Top
  27. What has The Men’s Wearhouse agreed to?

    The Men’s Wearhouse has agreed to make available the maximum amount of $1,800,000 for the benefit of the Class Members. In addition to this amount, The Men’s Wearhouse will separately pay a Class Representative Payment in the amount of $5,000, Settlement Administration Costs, and Class Counsel’s attorneys’ fees and costs in the amount of $450,000. These payments and their amounts were approved by the Court.

    Back To Top
  28. What is a “Class Representative Payment”?

    In class actions such as this one, a court may provide the Class Representative a “Class Representative Payment” in recognition of the time, effort and risks the Class Representative took to prosecute the Action and the Class Representative’s execution of a general release of all claims. Anthony Oliver has requested and the Court approved a Class Representative Payment of $5,000.00.

    Back To Top
  29. How much will the attorneys get?

    Class Counsel and/or Plaintiff sought approval from the Court for payment of attorneys’ fees and costs in an amount up to 25% of the amount made available to Class Members, an amount not to exceed $450,000. The amount of $450,000 was approved by the Court and is separate and apart from any amount made available to Class Members. Class Counsel believes the amount they requested for attorneys’ fees and costs were fair and reasonable. The Men’s Wearhouse did not oppose the request for this amount. Class Members are not personally liable for any fees and costs.

    Back To Top
  30. How much will it cost to administer the Settlement?

    It is estimated that it will cost approximately $97,131 for the Settlement Administrator to fully administer the Settlement. These costs are referred to as “Settlement Administration Costs.”

    Back To Top
  31. How are the settlement funds being distributed?

    If you received notice of the Settlement by email or in the mail, the Voucher Award was included with your Notice and, if you wish to elect the Voucher Award instead of the Cash Award, you are free to redeem your Voucher Award and need not take any additional steps.

    If you submitted a Claim Form – either because you preferred the Cash Award instead of the Voucher Award, or because you did not receive notice of the Settlement by email or in the mail (see FAQ 19), then the Settlement Administrator first determined whether your Claim Form was valid, complete, timely, and whether you qualified as a Class Member. If you were deemed eligible, a check or replacement voucher was mailed to you on April 25, 2019.

    Back To Top
  32. What claims are being released as part of the Settlement?

    If you did not submit a timely request to be excluded from the Settlement, you gave up your right to bring a legal claim against The Men’s Wearhouse for the same claims, or similar claims, as those encompassed by this Action, whether you knew about those claims or not. Specifically, the parties’ Settlement Agreement provides:

    Upon Final Approval, all Participating Class Members shall be deemed to hereby fully and irrevocably release, waive, and discharge Defendant, along with its former and present parents, subsidiaries, divisions, and affiliated companies, and its respective officers, directors, employees, partners, shareholders, agents, successors, assigns and legal representatives of and from any and all claims, rights, demands, liabilities, penalties and causes of action, whether known or unknown, including damages, unpaid costs, penalties, liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, or equitable relief, arising from, related to or based on claims arising out of or relating to any text messages sent by, or on behalf of, The Men’s Wearhouse from October 16, 2013 through November 16, 2018, including without limitation claims which were or could have been asserted in the Action.


    Back To Top
  33. When did the court finally approve the settlement?

    The Court held a Final Approval Hearing on March 18, 2019 at 10:00am at the Federal Courthouse, 350 W. 1st St., Courtroom 9B, 9th Floor, Los Angeles, California 90012 and decided to approve the Settlement as fair, reasonable, and adequate. At that time, the Court also approved Class Counsel’s request for attorneys’ fees and costs, and the Class Representative Payment.

    It was not necessary for you to appear at this hearing. If you timely submitted an objection to the Settlement and a notice of intent to appear, you could appear at the hearing to argue your objection to the Court, or have an attorney represent you at the hearing at your own expense.

    Back To Top
  34. How do I get more information?

    This website provides a summary of the basic terms of the Settlement. If you have more questions about the Notice you received or this Action, you can call the Settlement Administrator at 877-804-6493, email the Settlement Administrator at info@MensWearhouseSettlement.com, or write to the Settlement Administrator at:

    Oliver v. The Men’s Wearhouse, Inc.
    Settlement Administrator
    P.O. Box 3656
    Portland, OR 97208-3656

    IMPORTANT NOTES:

    1. PLEASE DO NOT TELEPHONE THE COURT OR COUNSEL OR THE MEN’S WEARHOUSE FOR INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIMS PROCESS.
    2. If you move to a different address, please send the Settlement Administrator your new address via postal mail. It is your responsibility to keep a current address on file with the Settlement Administrator to ensure receipt of your settlement payment.
    Back To Top