Anne Bucher  |  August 16, 2016

Category: Closed Class Actions

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Godiva shop

UPDATE: On October 28, 2020, the 11th Circuit Court of Appeals issued an en banc ruling that vacated the Godiva Chocolatier FACTA settlement. This means the settlement agreement has been made legally void, and claims will no longer be paid. Top Class Actions will continue to provide updates as we learn more.


Godiva Chocolatier Inc. has agreed to settle a class action lawsuit that alleges the company violated the Fair and Accurate Credit Transactions Act by printing more than the last five digits of credit and debit card numbers on receipts.

If you made a purchase at a Godiva store using a credit or debit card between Apr. 6, 2013 and Nov. 20, 2015, you may be eligible for benefits from the Godiva FACTA class action settlement.

Plaintiff Dr. David S. Muransky filed the FACTA class action lawsuit against Godiva, claiming that the chocolate company willfully violated FACTA by printing point-of-sale credit card and debit card receipts that included more than the last five digits of the card number.

FACTA is a federal law that includes provisions meant to protect consumers from the threat of identity theft. The law includes provisions that prevent merchants from printing certain information on receipts that are issued following a point-of-sale transaction. Under FACTA, merchants cannot include any portion of the expiration date or any numbers other than the last five digits of the payment card number on the receipt.

Godiva denies the allegations and maintains that it didn’t do anything wrong. However, the chocolate company has agreed to settle the FACTA class action lawsuit to avoid the uncertainty and expense of ongoing litigation. Godiva has agreed to pay $6.3 million to end the litigation.

Under the terms of the Godiva FACTA settlement, Class Members who file timely and valid claims are entitled to cash payment. The deadline to exclude yourself from or object to the Godiva class action settlement is Aug. 23, 2016.

Who’s Eligible

Class Members of the Godiva FACTA settlement include all persons in the United States who made a payment with a credit or debit card at a Godiva store located in the United States, and for whom Godiva printed a point-of-sale receipt that displayed more than the last five digits of the credit or debit card between Apr. 6, 2013 and Nov. 20, 2015.

Potential Award

The amount each claimant will receive from the Godiva FACTA settlement will depend on the total number of claims that are filed. It is estimated that each approved claimant will receive a payment of about $235.

Proof of Purchase

N/A. Class Members will be asked to provide their name, physical address and contact information. They must also attest that the information they provide in the Claim Form is true and correct to the best of their knowledge and belief.

Claim Form Deadline

8/23/2016

Case Name

Dr. David S. Muransky v. Godiva Chocolatier Inc., Case No. 0:15-cv-60716-WPD, in the U.S. District Court for the Southern District of Florida

Final Hearing

9/21/2016

UPDATE: On September 28, 2016, the court granted the Godiva Chocolatier FACTA settlement final approval.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE: On October 7 and October 25, 2016, appeals to the Godiva settlement were filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE: On October 3, 2018, the Eleventh Circuit Court of Appeals affirmed the final approval of the Godiva Chocolatier FACTA settlement.  This means that appeals to the settlement have been resolved.  However, it is not known how quickly claims will be paid. Keep checking back and let us know when you receive a check in the comments section below or on our  Facebook page.

UPDATE: On October 4, 2019, the Eleventh Circuit Court of Appeals granted an appellant petition for a Rehearing En Banc. This means the appeal will be reheard by the all of the Eleven Circuit sitting judges. It is not known at this time how quickly this process will take. Top Class Actions will keep our viewers posted as we learn more.

Settlement Website

www.GodivaFACTASettlement.com

Claims Administrator

Muransky v. Godiva Chocolatier Claims Administrator
P.O. Box 43403
Providence, RI 02940-3403
1-844-830-5222

Class Counsel

SCOTT D. OWENS PA
KEOGH LAW LTD
BRET LUSSKIN PA

Defense Counsel

DYKEMA GOSSETT PLLC

Free FACTA Class Action Lawsuit Investigation

If you made one or more purchases and the retailer provided you with a receipt that contained more than the last five digits of your credit or debit card number or the expiration date, you may be eligible for a free class action lawsuit investigation and to pursue compensation for these FACTA violations.

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139 thoughts onGodiva Chocolatier FACTA Class Action Settlement

  1. DD says:

    I just noticed it’s KCC-the same admin that sent erroneous reject letters on the iheart media TCPA one. Coincidence? Hmmmm

    1. Susib54 says:

      Hmmmmm……is right ! Curious.

  2. theresa miller says:

    im going to redo it but where i got mine from

  3. DD says:

    I got the same form today-I know I put dates and locations so I don’t know why they want the same info!

  4. theresa miller says:

    i dont feel comfortable sending my in information threw the mail. someone could get a hold of it!!! that they want

  5. Frankie says:

    Do we know how much checks are going to be yet?

    1. Top Class Actions says:

      No word on how much checks will be yet. As of September 26, 2016, the claims administrator reported 47,778 valid claims filed and 17,105 claims that are still be evaluated to determine validity. Keep checking Top Class Actions for updates. We will let our viewers know when we learn checks are in the mail!

      1. Bharat M says:

        Any update on the mailing of the checks and the amount? I tried the toll-free hotline number but seems they have only automated responses, rather than reaching a customer agent. Thanks.

        1. Top Class Actions says:

          No word on the final number of verified claims, which will determine the pro rata settlement payment. On October 7, 2016, a notice of appeal was filed. Claims will not be paid until all appeals are exhausted. Keep checking Top Class Actions for updates. We are following the case and will let our viewers know as soon as the appeal is resolved!

          1. Bharat M says:

            Thanks.

          2. Bharat M says:

            Any update post October 7? Do we know the approximate amount of check by now?

  6. Top Class Actions says:

    UPDATE: On September 28, 2016, the court granted the Godiva Chocolatier FACTA settlement final approval. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

  7. John May says:

    Approved on September 12 2016
    See Doc on website

    1. Top Class Actions says:

      The document on the settlement website is the Motion for Final Approval. The judge has not yet granted the motion for final approval. Hopefully that will happen any day now!

      1. Vivian says:

        Any update ?

        1. Top Class Actions says:

          The court has granted the settlement final approval. There is a 30 day period in which appeals can be filed. Please keep checking Top Class Actions for updates. We will let our viewers know if any appeals are filed!

        2. Marlene says:

          I filled my form out corrrectly but got a form in the mail to fill out again saying it was declined as information was missing. I know it wasn’t. Anyone else have a form mailed to them to refill out for dates and city and states and signing it again? Said form must be in by Oct 28th 2016

          1. Aaron says:

            Just received the same form as you. I retained my original submission and am not sure why I need to submit again as I did provide ALL information requested originally. Looks like they are trying to reduce the total number of the class to increase the payouts….

          2. sally s says:

            I got the form today as well and dang if I can find my original info.

          3. sherry says:

            Yes I did here in NJ. I didn’t print out information but I do have it on paper. I will return . They didn’t get dates, yeah right. They got everything else. Judge ought to look into this scheme before they pay them. Have a nice day and don’t get stressed out over it.

          4. tony says:

            yes i have a form to fill out its asking for the same info. which i already provided…ill just fill out and mail in

  8. Consumer says:

    Any updates TopClassActions.com…i know it may be a tad too early, but thought I would ask…thank you in advance.

    1. Top Class Actions says:

      The court has not yet granted the settlement approval. Claims will not be paid until after final approval is granted and any appeals filed are exhausted. Please keep checking Top Class Actions for updates!

  9. Ishita says:

    Hi i received a postcard from godiva settlement which i signed and mailed out and also emailed as well but they did not ask me questions like when did i purchase godiva chocolates. I remember it said it was a claim form but what Sharon said is confusing me a bit. When are we expected to receive a check and also are we going to get a letter or notification saying a check is on the way?

    1. Gobledeegook says:

      Sharon is confused and thinks the people who run this site are the lawyers who handle the cases. DOn’t worry about Sharon.

  10. Sharon says:

    Hello,
    I made a claim and I put the wrong date on the last year where you put when you bought the chocolates and I tried to correct it, but it brought up another claim form, so I filled it out and put the correct dates on the claim again. I was trying to delete the first on that had the date (12/21/2015). So sorry about that I tried to fix it.

    1. Andrew says:

      That’s ok. We all make mistakes.

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