Who? You are included in this lawsuit if you use a wheelchair or scooter and shopped at Kmart, will shop at Kmart, or would have shopped at Kmart but for access problems, between May 6, 2003 and the end of the settlement term (approximately 2014) (“Class Members”).  If you shopped at Kmart in California, Colorado, Hawaii, Massachusetts, New York, Oregon or Texas (“Damages States”) between May 6, 2003 and now, you may be eligible for monetary recovery.

What? The lawsuit sought to make Kmart alter its stores with respect to access for people who use wheelchairs or scooters and damages in an amount specified by statute (“statutory minimum damages”) for people who shopped or shop at Kmart in Damages States (“Damages Sub-Class Members”).  Kmart denied liability.  The Court did not decide which side was right.  Under the settlement, Kmart will make alterations to its stores and pay $13 million ($8 million in cash and $5 million in gift cards).  Qualifying Damages Sub-Class Members can obtain monetary recovery.

How?  The detailed notice package contains everything you need to make a claim.  Call the number below or visit the website below to get one.  To qualify for a payment, you must submit a claim by August 16, 2006.

Effect?  If you are a Damages Sub-Class Member and don’t want to be bound by the settlement’s monetary provisions, you must exclude yourself by July 7, 2006.  If you exclude yourself, you can’t get money from this settlement.  If you don’t exclude yourself, you will release all claims for statutory minimum damages relating to accessibility of Kmart stores in Damages States for people who use wheelchairs or scooters for the period from May 6, 2003 through the end of the settlement term (approximately 2014).  Class Members can’t exclude themselves from the non-monetary parts of the settlement and will release non-monetary claims against Kmart relating to store access through the end of the settlement term.  If you wish to object to the settlement, you must do so by July 7, 2006.  The detailed notice explains how to exclude yourself or object.

The U.S. District Court in Denver, Colorado will hold a hearing before Judge John L. Kane on July 27, 2006 at 10 a.m. to consider whether to approve the settlement and a request for attorneys’ fees by lawyers representing the class.  The detailed notice explains how you or your attorney can participate in that hearing.

THIS IS AN INCOMPLETE SUMMARY OF THE SETTLEMENT.  PLEASE CALL THE NUMBER BELOW OR VISIT THE WEBSITE BELOW FOR THE FULL SUMMARY.