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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
I’ve gotten some and not at other locations
I use my debit card regularly at subway and I usually get a receipt with most of my purchases.
eat there many times but like many others don’t always get a receipt, but would like to be added
I have never gotten a receipt and we ALWAYS eat and have eaten at subway, do I qualify?
Lawyers are holding out to ensure they maximize their booty.
I also never see a receipt and we eat there very often because it is closed by our house the kids like the pizzas so that makes it easy for us if we decide we won’t take subs I always use my debit card I don’t recall of seeing a receipt and anytime although I do remember asking for one that went time because they didn’t take off for a coupon that I I had used please include me
Each time i eat at Subway some times i get a receipt and some times i don’t, would this qualify me for the suit ? i have questioned them about what i saw on my receipt’s when i did get one.
Have eaten Subway regularly at 4 different locations and never saw my receipt. Don’t know what they do with them, but we need a list of which locations are involved and when so we know whether or not to stay involved with this case..
add me to the list
Have eaten Subway regularly at 3 different locations and never saw my receipt. Don’t know what they do with them, but we need a list of which locations are involved and when so we know whether or not to stay involved with this case..