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Subway has agreed to pay $30.9 million to settle a class action lawsuit that accused the company of violating the Fair and Accurate Credit Transactions Act by printing credit card expiration dates on its receipts.
According to court documents, the multimillion dollar settlement “sets a new record” and may be the “largest FACTA settlement in the history of FACTA.”
Lead plaintiff Shane Flaum alleged in his class action lawsuit that Subway violated FACTA when it printed the entire expiration date of customers’ credit and debit cards on receipts.
Under FACTA, retailers are required not to print certain information on receipts, such as full credit card numbers as well as entire expiration dates. According to the class action lawsuit, Subway had faced lawsuits in the past for similar FACTA violations.
Subway lost a motion to dismiss the class action in September.
“All told, this settlement provides the settlement class with a significant portion of the statutory damages available under FACTA and, on a per-class member basis, it is in line with several other FACTA class action settlements approved in this district,” said the plaintiff in his motion.
Under the terms of the settlement, approximately 2.6 million Subway customers who received receipts that showed the expiration dates of their credit cards since Jan. 1, 2016 will receive a share of the $30.9 million less administrative expenses, attorneys’ fees and the Class representative incentive award.
According to court documents, the plaintiff will receive an incentive award of $20,000. An additional $10,000 will be awarded to another Class representative. Attorney and other fees are not to exceed one-third of the settlement fund plus reasonable expenses.
“Here, the proposed Settlement is fair, adequate and reasonable, and well ‘within the range of possible approval,’” notes the plaintiff in the motion. “This is demonstrated by the amount of monetary relief made available to the Settlement Class, and the fact that the agreement was the result of hard fought, arms’ length negotiations by experienced counsel conducted through a seasoned third party mediator.”
Flaum sought up to $1,000 per Subway receipt that violated FACTA. However, according to the motion to approve the proposed settlement, expiration dates were only printed for a limited amount of time on Subway receipts and only in half of its sandwich shops.
The motion to approve the proposed settlement also seeks to certify the proposed Class. The plaintiff says that the Class of Subway customers whose credit card expiration dates were printed on their receipts should be certified because the class action involves common issues like whether Subway’s actions violated FACTA and whether the violation was done willfully.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
Flaum is represented by Scott D. Owens of Scott D. Owens PA and Bret Leon Lusskin Jr. of Bret Lusskin PA.
The Subway FACTA Class Action Lawsuit is Flaum v. Doctor’s Associates Inc., Case No. 0:16-cv-61198, in the U.S. District Court for the Southern District of Florida.
UPDATE: November 2018, the Subway credit card receipt class action settlement is now open.Click here to file a claim.
UPDATE 2: On May 30, 2019, Top Class Actions viewers are starting to receive checks in the mail from the Subway class action settlement worth as much as $52.92.
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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85 thoughts onSubway To Pay $30.9M in Largest FACTA Class Action Settlement
Pls include me. I never receive a receipt for fast food.
Add me to the lawsuit besides who saves fast food receipts.
Who would a receipts for a sandwich, are you kidding me, when ask if I wanted my receipt I always so no because its a small amount. Please include me in your law suit. I should not be penalize for not having a receipt when Subway made the mistake.
Please keep me informed.
I never kept mines either.
bs man
What ! Really ! A receipt for fast-food, kept where ???
We have eaten there as well and used credit to pay. Like others we don’t have the receipts but add us to the lawsuit.
now i know why they ask me if i want my receipt! i usually do the customer surveys, so i will look at my remaining receipts.
Eat there all the time . Never notice if they printed on my receipt . Please include me in your law sui