BOCA RATON, FL — (April 27, 2023) – Saxena White P.A. has filed a securities fraud class action lawsuit (the “Class Action”) in the United States District Court for the Southern District of Ohio against Alliance Data Systems Corporation n/k/a Bread Financial Holdings, Inc. (“ADS”) and certain current and former executive officers of ADS and Loyalty Ventures, Inc. (“Loyalty Ventures,” or the “Company”) (NASDAQ: LYLT) (collectively, “Defendants”). The Class Action asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) and U.S. Securities and Exchange Commission (“SEC”) Rule 10b-5 promulgated thereunder on behalf of all persons and entities that purchased Loyalty Ventures common stock between November 8, 2021 and June 7, 2022, inclusive (the “Class Period”), and were damaged thereby (the “Class”). The Class Action filed by Saxena White is captioned: Newtyn Partners, LP and Newtyn TE Partners, LP v. Alliance Data Systems Corporation n/k/a Bread Financial Holdings, Inc., No. 23-cv-01451 (S.D. Ohio).
Loyalty Ventures was created as the result of a November 2021 spinoff from ADS. Loyalty Ventures owns and operates the AIR MILES Reward Program (“Air Miles”), an end-to-end loyalty platform, and BrandLoyalty, a campaign-based loyalty program for grocers and other high-frequency retailers. Air Miles’ participating businesses (“Sponsors”) pay a fee to the Company per reward mile issued, and in return, Air Miles provides all marketing, customer service, rewards, and redemption management. Sobeys Inc., the second-largest supermarket chain in Canada, was the second-largest Sponsor in the Air Miles program.
On November 8, 2021, Loyalty Ventures began trading as an independent public company after being spun off from ADS. In the months leading up to the spinoff, Defendants made statements, including in ADS’s SEC filings, touting Loyalty Ventures’ prospects as an independent company, including its “strong” and “highly attractive” profile, and highlighting customers such as Sobeys and its “exclusive relationships.” Similarly, in the months following the spinoff, Defendants assured investors of the quality of Loyalty Ventures’ management team, its business strategy, and its “long-standing customer relationships.”
The Class Action alleges that Defendants misled investors and/or failed to disclose that (1) the Air Miles program suffered from a lack of investment prior to the spinoff; (2) as a result, Sobeys had informed Defendants it was considering exercising its early termination rights; (3) the threat of Sobeys’ departure loomed throughout 2021 including in the timeframe leading up to the spinoff; (4) Defendants expected the departure of any single large sponsor, such as Sobeys, would have “network effect” on the value of the entire Air Miles program; and (5) the high leverage and debt service obligations foisted upon Loyalty Ventures, in conjunction with the “network effect” impact on the value of the Air Miles business, threatened the Company’s ability to continue operations; and (6) as a result, Defendants’ positive statements about the Company’s financial guidance, business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.
On June 8, 2022, before the markets opened, Loyalty Ventures issued a press release revealing that the Company and Air Miles Sponsor Sobeys “were unable to align on extension terms,” and “consequently, Sobeys provided notice of its intent to exit the program on a region-by-region basis, beginning with Atlantic Canada, between August and the first quarter of 2023.” The press release also noted that the “primary impact” of the loss of Sobeys as a customer in 2022 would be “on the number of AIR MILES reward miles issued,” and that Loyalty Ventures would re-evaluate its 2022 revenue and EBITDA guidance.” In response to this news, the price of Loyalty Ventures shares fell over 45%, from a closing price of $11.03 per share on June 7, 2022, to a closing price of $6.02 per share on June 8, 2022. Loyalty Ventures ultimately filed for Chapter 11 Bankruptcy in the United States Bankruptcy Court for the Southern District of Texas on March 9, 2023.
If you purchased Loyalty Ventures common stock during the Class Period and were damaged thereby, you are a member of the “Class” and may be able to seek appointment as lead plaintiff. If you wish to apply to be lead plaintiff, a motion on your behalf must be filed with the U.S. District Court for the Southern District of Ohio no later than June 26, 2023. The lead plaintiff is a court-appointed representative for absent members of the Class. You do not need to seek appointment as lead plaintiff to share in any Class recovery in the Class Action. If you are a Class member and there is a recovery for the Class, you can share in that recovery as an absent Class member.
You may contact Lester Hooker (email@example.com), an attorney and Director at Saxena White P.A., to discuss your rights regarding the appointment of lead plaintiff or your interest in the Class Action. You also may retain counsel of your choice to represent you in the Class Action.
You may obtain a copy of the Complaint and inquire about actively joining the Class Action at www.saxenawhite.com.
Saxena White P.A., with offices in Florida, New York, California, and Delaware, is a leading national law firm focused on prosecuting securities class actions and other complex litigation on behalf of injured investors. Currently serving as lead counsel in numerous securities fraud class actions nationwide, Saxena White has recovered billions of dollars on behalf of injured investors.