By Tamara Burns  |  February 14, 2017

Category: Consumer News

jimmychooA $2.5 million settlement has been reached with red-carpet designer shoe brand Jimmy Choo and members of a proposed class who accused the company of putting customers at risk of identity theft by issuing receipts that were not compliant with federal law.

The Jimmy Choo receipt lawsuit was initiated by Plaintiff Kerri Wood who alleged that the shoe company printed customer credit card expiration dates on point-of-sale receipts issued to consumers between Oct. 27, 2013 and Nov. 2, 2013.

Wood brought these claims on behalf of herself and the proposed class under the provisions of FACTA- the Fair and Accurate Credit Transactions Act- back in 2015.

She alleged that Jimmy Choo violated FACTA by printing sensitive credit card and debit card information on its receipts, as well as phone numbers and home addresses of customers and cashiers’ names.

This federal act requires merchants to safeguard the personal account information of customers by prohibiting retailers from the printing more than the last five digits of a customer’s credit card or debit card account number on the receipt or any portion of the expiration date.

Wood initially stated that Jimmy Choo’s actions were intentional, but the shoe brand said that if the violation had occurred, it was negligent, not intentional, because it had previously complied with FACTA prior to the implementation of its new point-of-sale system.

It is estimated that approximately 135,588 customers will be able to participate in the class action settlement of the Jimmy Choo receipt lawsuit. The settlement amount per customer is estimated to range between $75 and $175.

“The proposed settlement is a significant FACTA class action settlement,” Wood stated. “The total recovery compares favorably to recent common fund FACTA settlements.” Wood also noted that in its consideration for final approval, the court should factor in Jimmy Choo’s ability to survive in favor of the proposed settlement class.

“Absent a settlement, the final resolution of this action through the trial process may require several more months or years of protracted adversary litigation and appeals, which may delay relief or entirely eliminate any obtainable relief to settlement class members,” Wood wrote in her motion. “The settlement poses a significant financial burden on defendant for the benefit of settlement class members but does not annihilate defendant.”

In addition to compensating class members individually, the settlement fund set aside in the Jimmy Choo receipt lawsuit will also be used to pay the settlement administrator, attorneys’ fees and costs and any incentive award to the plaintiff.

It is estimated that the attorneys will receive approximately $833,000 and the plaintiff will receive an incentive award of $5,000.

If any Jimmy Choo receipt lawsuit settlement funds remain after all eligible class members are paid out, the unclaimed funds will be given to the Legal Aid Service of Broward County, Coast to Coast Legal Aid of South Florida and the National Consumer Law Center. These remaining awards will not be returned back to Jimmy Choo, Wood noted.

The settled Jimmy Choo Receipt Lawsuit is Kerri C. Wood v. J Choo USA Inc., Case No. 9:15-cv-81487, in the U.S. District Court for the Southern District of Florida.

UPDATE: On Nov. 30, 2017, Top Class Actions viewers who filed a valid claim for the Jimmy Choo credit card receipt class action settlement started receiving checks in the mail worth as much as $155.67. Congratulations to everyone who filed a claim and got PAID!

Free FACTA Class Action Lawsuit Investigation

If you have received a paper customer receipt from any store with your personal credit card or debit card expiration date printed on the receipt, you may be eligible to join a free FACTA debit/credit card receipt class action lawsuit investigation.

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