Back Yard Burgers Class Action Settlement

A settlement has been reached with Back Yard Burgers of Nebraska Inc. in a class action lawsuit alleging it issued printed receipts that contained debit and credit card expiration dates in violation of the Fair and Accurate Credit Transactions Act (FACTA). If you paid for a transaction at Back Yard Burgers with a credit or debit card, you could be entitled to benefits from the FACTA class action settlement.

Under FACTA, merchants are prohibited from printing more than the last five numbers of the card number or the card’s expiration date on receipts that are provided to the cardholder at the point of sale. According to the Back Yard Burgers class action lawsuit, “FACTA was enacted in 2003 and gave merchants who accept credit cards and/or debit cards up to three years to comply with its requirements, requiring compliance for all machines no later than December 4, 2006.”

The class action lawsuit alleges Back Yard Burgers willfully violated FACTA and failed to protect its customers from identity theft and debit/credit card fraud by failing to comply with the act’s truncation requirement.

Back Yard Burgers denies any wrongdoing but has agreed to settle the FACTA class action lawsuit to avoid the costs and risk of a trial.

Who’s Eligible

Class Members of the Back Yard Burgers FACTA settlement include anyone who used a Visa, MasterCard, Discover or American Express debit or credit card at the Back Yard Burgers located at 8500 Andermatt Drive, Lincoln, Nebraska 68526 between Nov. 3, 2010 and April 15, 2011, and was provided with a copy of a receipt that contained the payment card’s expiration date.

Potential Award

One coupon for a free soft drink with the purchase of an entrée. Coupons must be redeemed by May 1, 2015. There is also potential for a cash payment (to be determined at a later date).

Proof of Purchase

Class Members must show they made a purchase at one of Back Yard Burgers’ currently owned stores between Nov. 3, 2010 and April 15, 2011 by providing a receipt or credit card statement along with a valid Claim Form.

Claim Form

Claim Form Deadline

1/30/2015

Case Name

Brady Keith v. Back Yard Burgers of Nebraska Inc., et al., Case No. 8:11-cv-00135, in the U.S. District Court for the District of Nebraska

Final Hearing

2/19/2015

Settlement Website

www.BackYardBurgersSettlement.com

Claims Administrator

Back Yard Burgers Settlement
Claims Administrator
P.O. Box 2010
Chanhassen, MN 55317-2010

Class Counsel

Joshua C. Dickinson
Bryant T. Lamer
SPENCER FANE BRITT & BROWNE LLP

Defense Counsel

J. Daniel Weidner
KOLEY JESSEN PC LLO