The Named Plaintiff sued Defendants Bass Pro Group LLC and BPS Direct LLC d/b/a Bass Pro Shops (“Defendants”), by filing a Complaint (the “Complaint”) on April 26, 2024, alleging that they breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq., (“ERISA”), through a wellness program that discriminated against employees based on an impermissible health factor when they failed to provide a reasonable alternative standard with respect to their tobacco surcharge policy.
Although Defendants deny the allegations in the Complaint, the Parties have agreed to settle this dispute for the purpose of avoiding further disputes and litigation with its attendant risk, expense, and inconvenience. The Court has not made any ruling on the merits of the claims and no Party has prevailed in the lawsuit. However, the Court has reviewed and preliminarily approved this settlement and this Notice.
The settlement monies are being used to pay certain current Health Plan participants, to pay attorneys’ fees, litigation costs, a service payment to the Named Plaintiff, and the costs of administering the settlement. Defendants will not take an adverse action against any Health Plan participant arising from acceptance or rejection of the settlement payment.