ACT NOW!

IMMINENT PRICELINE CLASS ACTION

A group of dissatisfied current and former Priceline franchisees
are at the point of filing a class action lawsuit.

If you are a Priceline Franchise owner – NOW is the time to act!
There is no fee to join!

 

THE IMMINENT CLASS ACTION AGAINST PRICELINE IS NOT AIMED AT DEVALUING
OR DAMAGING THE PRICELINE BRAND OR YOUR INVESTMENT IN IT. 

ACT NOW!

IMMINENT PRICELINE CLASS ACTION

A group of dissatisfied current and former Priceline franchisees are at the point of filing a class action lawsuit.

If you are a Priceline Franchise owner – NOW is the time to act! There is no fee to join!

 

THE IMMINENT CLASS ACTION AGAINST PRICELINE IS NOT AIMED AT DEVALUING
OR DAMAGING THE PRICELINE BRAND OR YOUR INVESTMENT IN IT. 

Class Pr Logo trimmed_

You could receive potential compensation:

If the controlling provisions are found to be unlawful, the amounts you paid to Priceline in compliance with them may be refunded to you.

You may also be able to recover damages for the loss of the following opportunities:

To acquire stock from API’s competitor at a
better price; and/or
To obtain rebates from alternative suppliers

The franchisees’ claim is for restitutionary damages. Restitutionary damages may be calculated according to the gain made by the defendant, rather than by the loss suffered by the plaintiff.

This means a claim in restitution operates to restore to you what has been transferred from you to Priceline whereby Priceline has been unjustly enriched. If successful, Priceline comes under an obligation to account to all franchisees for money which it has received for the use of franchisees.

Class Pr Logo trimmed_

You could receive potential compensation:

If the controlling provisions are found to be unlawful, the amounts you paid to Priceline in compliance with them may be refunded to you.

You may also be able to recover damages for the loss of the following opportunities:

To acquire stock from API’s competitor at a
better price; and/or
To obtain rebates from alternative suppliers

The franchisees’ claim is for restitutionary damages. Restitutionary damages may be calculated according to the gain made by the defendant, rather than by the loss suffered by the plaintiff.

This means a claim in restitution operates to restore to you what has been transferred from you to Priceline whereby Priceline has been unjustly enriched. If successful, Priceline comes under an obligation to account to all franchisees for money which it has received for the use of franchisees.

OPTING-IN DOES NOT REQUIRE YOU TO
MAKE ANY OUT OF POCKET CONTRIBUTION
TO THE PROCEEDINGS

The action will be a fully funded, opt-in class action. The representative proceedings will be a fully funded, Opt-In class action. As the Class Action is being externally funded by a litigation funder, you WILL NOT be required to outlay any of your own funds towards the legal fees and other expenses of the Class Action. In the event the Class Action is unsuccessful, you will not be responsible for any adverse costs orders and will not have any out-of-pocket expenses.

In the event that the Class Action is successful (or settles on terms favourable to you), all legal fees and expenses will be deducted from the award of damages before distribution to group members, after the Funder’s 30% take. You will then benefit from the other 70% net share of damages from the settlement sum, to which you will then be entitled pro rata to the size of your individual claim.

YOU MUST OPT IN TO PARTICIPATE

Only individuals who sign a funding agreement will benefit from a positive outcome. Again, you do not have to pay to participate and you have no financial exposure, even if the matter is unsuccessful. Your only contribution will come out of your ‘winnings’.

COMPENSATION IS DISTRIBUTED ONLY AMONGST THOSE WHO OPT-IN BY SIGNING A FUNDING AGREEMENT.

OPTING-IN DOES NOT REQUIRE YOU TO MAKE ANY OUT OF POCKET CONTRIBUTION TO THE PROCEEDINGS

The action will be a fully funded, opt-in class action. The representative proceedings will be a fully funded, Opt-In class action. As the Class Action is being externally funded by a litigation funder, you WILL NOT be required to outlay any of your own funds towards the legal fees and other expenses of the Class Action. In the event the Class Action is unsuccessful, you will not be responsible for any adverse costs orders and will not have any out-of-pocket expenses.

In the event that the Class Action is successful (or settles on terms favourable to you), all legal fees and expenses will be deducted from the award of damages before distribution to group members, after the Funder’s 30% take. You will then benefit from the other 70% net share of damages from the settlement sum, to which you will then be entitled pro rata to the size of your individual claim.

YOU MUST OPT IN TO PARTICIPATE

Only individuals who sign a funding agreement will benefit from a positive outcome. Again, you do not have to pay to participate and you have no financial exposure, even if the matter is unsuccessful. Your only contribution will come out of your ‘winnings’.

COMPENSATION IS DISTRIBUTED ONLY AMONGST THOSE WHO OPT-IN BY SIGNING A FUNDING AGREEMENT.

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How to OPT IN?

  • Lead Applicants file representative claim

    These are the individuals named in the proceedings from the outset. Their legal claims are shared by the group.

  • We create awareness

    Class PR is retained to generate awareness of prospective group members’ legal rights and how best to exercise them.

  • Fill out an ‘Opt In’ form and Class PR will take care of the rest:

    1. updates on procedural milestones
    2. complimentary legal advice from Levitt Robinson Solicitors on all claims connected with Priceline
  • Court ordered mediation

    your individual claims and particular losses will be the subject of special consideration.

  • Distribution of court ordered compensation

    or negotiated settlement (if the action succeeds).

     

Class Pr Logo trimmed_

How to OPT IN?

  • Lead Applicants file representative claim

    These are the individuals named in the proceedings from the outset. Their legal claims are shared by the group.

  • We create awareness

    Class PR is retained to generate awareness of prospective group members’ legal rights and how best to exercise them.

  • Fill out an ‘Opt In’ form and Class PR will take care of the rest:

    1. updates on procedural milestones
    2. complimentary legal advice from Levitt Robinson Solicitors on all claims connected with Priceline
  • Court ordered mediation

    your individual claims and particular losses will be the subject of special consideration.

  • Distribution of court ordered compensation

    or negotiated settlement (if the action succeeds).

     

Hear from those already involved:

CHRIS LEMON, PHARMACIST OF 47 YEARS

Lead applicant speaks on the imminent price line action

STEWART LEVITT'S MESSAGE TO PRICELINE FRANCHISEES

“don’t put blind loyalty to Priceline before your own interests.”

Hear from those already involved:

CHRIS LEMON, PHARMACIST OF 47 YEARS

Lead applicant speaks on the imminent price line action

STEWART LEVITT'S MESSAGE TO PRICELINE FRANCHISEES

“don’t put blind loyalty to Priceline before your own interests.”

What is the action all about?

THE ACTION’S OBJECTIVE IS TO:

ADD VALUE TO THE INVESTMENT MADE BY CURRENT FRANCHISEES – to obtain a new, fair and compliant franchise agreement; to compensate franchisees for any infringing conduct, including loss of profits.

The franchise agreements between you and Priceline contain provisions that may breach the current legislative framework which governs pharmacies in NSW, QLD and VIC.

The following requirements are examples of Priceline’s control:

Stock the Merchandise Range, which is determined by Priceline

Stock the Merchandise Range, which is determined by Priceline

Place orders through the Auto-Replenishment system

Place orders through the Auto-Replenishment system

Only order through API

Only order through API

Comply with Priceline’s Visual Merchandising systems to ensure<br>compliance with  the Brand Alignment Reward Scheme; and

Comply with Priceline’s Visual Merchandising systems to ensure
compliance with the Brand Alignment Reward Scheme; and

Price items as determined by Priceline

Price items as determined by Priceline

What is the action all about?

THE ACTION’S OBJECTIVE IS TO:

ADD VALUE TO THE INVESTMENT MADE BY CURRENT FRANCHISEES – to obtain a new, fair and compliant franchise agreement; to compensate franchisees for any infringing conduct, including loss of profits.

The franchise agreements between you and Priceline contain provisions that may breach the current legislative framework which governs pharmacies in NSW, QLD and VIC.

The following requirements are examples of Priceline’s control:

Stock the Merchandise Range, which is determined by Priceline

Stock the Merchandise Range, which is determined by Priceline

Place orders through the Auto-Replenishment system

Place orders through the Auto-Replenishment system

Only order through API

Only order through API

Comply with Priceline’s Visual Merchandising systems to ensure compliance with  the Brand Alignment Reward Scheme; and

Comply with Priceline’s Visual Merchandising systems to ensure compliance with the Brand Alignment Reward Scheme; and

Price items as determined by Priceline

Price items as determined by Priceline

Download Full Priceline
Information Pack

Download Full
Compensation Pack

OPT IN and Contact
Class PR now!

Class Pr Logo trimmed_

Further Important Information

WHO ARE THE FRANCHISEES’ LAWYERS?​​

Sydney-based firm Levitt Robinson have run seven (7) class actions from start to finish. All seven have been successful, with five substantial settlements and two succeeding in Court, after trial.

Levitt Robinson has a track record of taking on some of the hardest cases against the most powerful defendants and delivering justice for their clients in an efficient and cost-effective way.

DO NOT TO GIVE UP WHAT MAY BE VALUABLE CLAIMS
WITHOUT OBTAINING INDEPENDENT LEGAL ADVICE

You are strongly advised to seek independent legal advice on the terms of the funding agreement.

Priceline’s conditional offer of $1000 towards legal fees, which would require you to communicate your interest in the matter to your Priceline Regional Manager to access it, appears inadequate for the purpose of obtaining informed, independent advice by a lawyer knowledgeable about the claims being made against Priceline in the intended proceedings.

Priceline’s conditional offer of $1000 towards legal fees, which would require you to communicate your interest in the matter to your Priceline Regional Manager to access it, appears inadequate for the purpose of obtaining informed, independent advice by a lawyer knowledgeable about the claims being made against Priceline in the intended proceedings.

Please note that the legal claims, the subject of the class action, are quite complex and require an understanding of the regulatory framework under which pharmacies operate. If you would like a better understanding of the alleged claims against Priceline, we strongly suggest that you speak to a solicitor at Levitt Robinson so that you can make a well-informed decision.

Please note that the legal claims, the subject of the class action, are quite complex and require an understanding of the regulatory framework under which pharmacies operate. If you would like a better understanding of the alleged claims against Priceline, we strongly suggest that you speak to a solicitor at Levitt Robinson so that you can make a well-informed decision.

Other factors to note 

ONLY LEAD APPLICANTS ARE NAMED IN THE PROCEEDINGS FROM THE OUTSET.

While the Lead Applicants are named in the proceedings from the outset, you only have to identify yourself when the time comes to assess your individual compensation. This usually happens at around the time of a mediation or before there is a distribution, settlement or verdict in favour of Group Members (those of you who Opt-In to the Class Action).

In all the actions in which Levitt Robinson has been involved, group members’ identities were not disclosed until the proceedings were very advanced – at a pre-trial mediation or at a settlement held after the proceedings had taken place, but before the judgment was delivered. 

Identification is for the purposes of calculating the quantum of damages payable to you in the event of a positive outcome. 

CLASS ACTIONS USUALLY SEE AN IMPROVEMENT RATHER
THAN A DETERIORATION IN THE FRANCHISOR’S CONDUCT
TOWARDS THE FRANCHISEE.

In Levitt Robinson’s experience, conditions tend to improve for franchisees pending
franchising disputes as the franchisors attempt to:

discourage involvement in the class action; OR

discourage involvement in the class action; OR

induce franchisees to leave it

induce franchisees to leave it

YOUR COMMERCIAL RELATIONSHIP WITH PRICELINE
AND/OR API SHOULD CONTINUE, UNDISRUPTED.

Under the Franchising Code of Conduct, parties who enter, or propose to enter, into a franchise agreement must act in good faith towards one another. This obligation extends to all aspects of the franchising relationship (from pre-contractual negotiations to termination). This good faith obligation has also been reinforced by a string of court authorities.[1]

This means that Priceline, in all its business dealings with franchisees, must act:

Honestly and not arbitrarily;

Honestly and not arbitrarily;

In a manner consistent with the<br>purposes of the agreement; and

In a manner consistent with the
purposes of the agreement; and

In a manner that affords franchisees all<br>benefits owing to them under the contract.

In a manner that affords franchisees all
benefits owing to them under the contract.

Additionally, by signing the Funding Agreement, you will become entitled to the benefit of legal advice and representation, in any dispute between you and Priceline, which may arise after you join the class action, at no out of pocket expense to you. These costs will only be recoverable by the funder from any settlement you receive from Priceline. Otherwise, our service will be free to you.

(SEE: Burger King Corporation v Hungry Jack’s Pty Ltd (2001) NSWLR 558, Hungry Jack’s argued that the agreement included an implied term of good faith (that is, that the parties must act in good faith when exercising their rights under the contract), and that Burger King had breached this term by denying the financial and operating approval to new restaurants, leading to Hungry Jack’s failing to meet the minimum stores requirement. As a result of this breach of good faith, it argued, Burger King could not successfully terminate the contract. A duty of good faith is now an express requirement under the Franchising Code.)

Class Pr Logo trimmed_

Further Important Information

WHO ARE THE FRANCHISEES’ LAWYERS?​​

Sydney-based firm Levitt Robinson have run seven (7) class actions from start to finish. All seven have been successful, with five substantial settlements and two succeeding in Court, after trial.

Levitt Robinson has a track record of taking on some of the hardest cases against the most powerful defendants and delivering justice for their clients in an efficient and cost-effective way.

DO NOT TO GIVE UP WHAT MAY BE VALUABLE CLAIMS
WITHOUT OBTAINING INDEPENDENT LEGAL ADVICE

You are strongly advised to seek independent legal advice on the terms of the funding agreement.

Priceline’s conditional offer of $1000 towards legal fees, which would require you to communicate your interest in the matter to your Priceline Regional Manager to access it, appears inadequate for the purpose of obtaining informed, independent advice by a lawyer knowledgeable about the claims being made against Priceline in the intended proceedings.

Priceline’s conditional offer of $1000 towards legal fees, which would require you to communicate your interest in the matter to your Priceline Regional Manager to access it, appears inadequate for the purpose of obtaining informed, independent advice by a lawyer knowledgeable about the claims being made against Priceline in the intended proceedings.

Please note that the legal claims, the subject of the class action, are quite complex and require an understanding of the regulatory framework under which pharmacies operate. If you would like a better understanding of the alleged claims against Priceline, we strongly suggest that you speak to a solicitor at Levitt Robinson so that you can make a well-informed decision.

Please note that the legal claims, the subject of the class action, are quite complex and require an understanding of the regulatory framework under which pharmacies operate. If you would like a better understanding of the alleged claims against Priceline, we strongly suggest that you speak to a solicitor at Levitt Robinson so that you can make a well-informed decision.

Other factors to note 

ONLY LEAD APPLICANTS ARE NAMED IN THE PROCEEDINGS FROM THE OUTSET.

While the Lead Applicants are named in the proceedings from the outset, you only have to identify yourself when the time comes to assess your individual compensation. This usually happens at around the time of a mediation or before there is a distribution, settlement or verdict in favour of Group Members (those of you who Opt-In to the Class Action).

In all the actions in which Levitt Robinson has been involved, group members’ identities were not disclosed until the proceedings were very advanced – at a pre-trial mediation or at a settlement held after the proceedings had taken place, but before the judgment was delivered. 

Identification is for the purposes of calculating the quantum of damages payable to you in the event of a positive outcome. 

CLASS ACTIONS USUALLY SEE AN IMPROVEMENT RATHER
THAN A DETERIORATION IN THE FRANCHISOR’S CONDUCT
TOWARDS THE FRANCHISEE.

In Levitt Robinson’s experience, conditions tend to improve for franchisees pending
franchising disputes as the franchisors attempt to:

discourage involvement in the class action; OR

discourage involvement in the class action; OR

induce franchisees to leave it

induce franchisees to leave it

YOUR COMMERCIAL RELATIONSHIP WITH PRICELINE
AND/OR API SHOULD CONTINUE, UNDISRUPTED.

Under the Franchising Code of Conduct, parties who enter, or propose to enter, into a franchise agreement must act in good faith towards one another. This obligation extends to all aspects of the franchising relationship (from pre-contractual negotiations to termination). This good faith obligation has also been reinforced by a string of court authorities.[1]

This means that Priceline, in all its business dealings with franchisees, must act:

Honestly and not arbitrarily;

Honestly and not arbitrarily;

In a manner consistent with the<br>purposes of the agreement; and

In a manner consistent with the
purposes of the agreement; and

In a manner that affords franchisees all<br>benefits owing to them under the contract.

In a manner that affords franchisees all
benefits owing to them under the contract.

Additionally, by signing the Funding Agreement, you will become entitled to the benefit of legal advice and representation, in any dispute between you and Priceline, which may arise after you join the class action, at no out of pocket expense to you. These costs will only be recoverable by the funder from any settlement you receive from Priceline. Otherwise, our service will be free to you.

(SEE: Burger King Corporation v Hungry Jack’s Pty Ltd (2001) NSWLR 558, Hungry Jack’s argued that the agreement included an implied term of good faith (that is, that the parties must act in good faith when exercising their rights under the contract), and that Burger King had breached this term by denying the financial and operating approval to new restaurants, leading to Hungry Jack’s failing to meet the minimum stores requirement. As a result of this breach of good faith, it argued, Burger King could not successfully terminate the contract. A duty of good faith is now an express requirement under the Franchising Code.)

Download Full Priceline
Information Pack

Download Full
Compensation Pack

OPT IN and Contact
Class PR now!