Anne Bucher  |  August 16, 2016

Category: Closed Class Actions

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This settlement is closed!

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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. Duane says:

    Final Approval has been granted, but has been appealed. The Court of Appeals held a hearing on the matter on January 12, 2018, and took the matter under advisement. The date the appeal will be decided is not known. Please check back to this website for updates as the appeal will delay the approved payout to the class. If you have moved or plan on moving, please update your address by contacting the claims administrator at Admin@GodivaFactaSettlement.com.

    1. Marlene C says:

      Okay what I don’t understand is how if a final approval is granted it can be appealed?? Isn’t the approval part of an agreement? How can they appeal an agreement they agreed to? I’m lost. Can someone please explain? Thank you.

  2. Divas says:

    Are there any updates?

  3. Ms T says:

    It’s been a whole year since the appeals! Any news??? Unbelievable how long these cases take!

    1. Anthony says:

      I agree, Im part of this settlement received a notice a year ago that I am part of the class action but as of Oct 2017 nothing …

      1. Top Class Actions says:

        One appeal still pending. Oral arguments scheduled for 1/12/18. Unfortunately, probably several more months before claims are paid, depending on the outcome of the appeal.

  4. Impatient says:

    Professional objectors??? That sounds a little fishy. Is there a way we can contact the district court handling the case?

  5. John Boeheim says:

    Any NEW updates TCA? Is this one still under appeal??

  6. mari says:

    Status people on pay out…

  7. Marlene C says:

    Topclassactions.com any new updates on this one yet? Got my approval letter stating that the denial was a computer error and my submission was valid.
    Thank you.

  8. Katrina says:

    Still waiting for my payment

    1. Marlene C says:

      Currently it is under appeal so no payments have gone out yet! Sit tight we all have to wait to see how this is going to play out.

  9. Will says:

    Any up dates TCA?

    1. MCooper says:

      AS of Feb 2nd the final appeal was made and is under advisement. When it will be decided nobody knows but supposedly this is the final appeal. From experience this can take several months to get a court to write it’s decision. SMH. But I’m sure TCA will let everyone know when the checks are going to start coming. At least TCA members will post when we get our checks so others can be other the lookout.

  10. Allie says:

    Opened my mail this morning and I received a letter that said I was sent a denial letter because of “computer error” and that my claim has been deemed “Valid” and will be included in future distributions. But it went on to say the final approval has been granted but has been appealed. Then said check the website. Hope this helps others who are wondering what’s going on

    1. Patricia Milko says:

      How long do they have to appeal

      1. Marlene C says:

        I honestly don’t know how long they have to appeal. I do know they appealed right away but how long that the process will take who knows? I’m just grateful to be included b/c I spent a ton of money at Godiva whenever I go to central or south florida.

    2. Marlene C says:

      Nothing new on the website..just checked.. I too got the denial and then the reversal letter. Thankful that I’ll be included but like so many others wondering when the appeal process will be exhausted and our payment paid out!

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