Southwest Airlines FACTA Class Action Lawsuit Settlement

Southwest Airlines Co. has agreed to settle a class action lawsuit over allegations that it willfully violated the Fair and Accurate Credit Transactions Act (FACTA) by printing the expiration date on customers’ credit or debit card receipts at airport ticket counters or at cargo counters.

The Southwest Airlines FACTA settlement will resolve two class action lawsuits (Lumos v. Southwest Airlines Co., et al. and Miller v. Southwest Airlines Co., et al.) that allege Southwest Airlines violated FACTA by printing the expiration date on customers’ credit or debit card receipts at airport ticket counters or cargo counters. FACTA is a law that is meant to protect consumers from identity theft. It prohibits merchants from printing the expiration date or any more than the last five digits of the card number on any electronically printed receipt distributed to a card holder during a sales transaction.

Southwest has denied the allegations but agreed to offer a cash award to consumers under a class action lawsuit settlement that was preliminarily approved on Oct. 18, 2013.

The only way to receive a refund from the Southwest Airlines FACTA class action settlement is to submit a Claim Form to the Settlement Administrator either online or by mail postmarked no later than Feb. 5, 2014.

Who’s Eligible

Anyone who used a credit or debit card to make an individual, non-business related purchase or transaction at a Southwest airport ticket counter between Oct. 17, 2007 and Oct. 20, 2012 or a cargo counter between Oct. 17, 2007 and Jan. 25, 2013 and received a printed receipt.

Potential Award

Southwest Airlines has agreed to pay $1.8 million to settle the class action lawsuit. The settlement will be divided among Class Members who submit timely Claim Forms. Class Members who submit valid Claim Forms are expected to receive between $25 and $200.

Proof of Purchase

Printed receipt of purchase/transaction at Southwest airport ticket counter dated between between Oct. 17, 2007 and Oct. 30, 2012, or at a cargo counter between Oct. 17, 2007 and Jan. 25, 2013.

Claim Form

Claim Form Deadline

2/4/2014

Case Name

Lumos v. Southwest Airlines Co., et al., Case No. 3:13-cv-01429, and Miller v. Southwest Airlines Co., et al., Case No. 4:12-cv-05978, in the U.S. District Court for the Northern District of California.

Final Hearing

3/14/2014

UPDATE 1: A California federal judge has given final approval to the Southwest Airlines FACTA settlement on March 21, 2014.

UPDATE 2: Class action settlement money was distributed to Class Members in mid-April 2014.

Settlement Website

www.SouthwestFACTASettlement.com

Claims Administrator

Rust Consulting
P.O. Box 3059
Faribault, MN 55021

Phone: 1-800-616-1479

Class Counsel

Eric A. Grover
KELLER GROVER LLP

Daniel F. Gaines
GAINES & GAINES APLC

Todd D. Carpenter
CARPENTER LAW GROUP

Defense Counsel

Collin H. Murray
Christina M. Wong
Teresa H. Michaud
BAKER & MCKENZIE LLP