Joanna Szabo  |  October 16, 2019

Category: Credit Cards

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Godiva chocolatesThe U.S. Court of Appeals for the 11th Circuit is set to return to a previous court’s approval of a $6.3 million class settlement with Godiva. The chocolate manufacturer was accused of including too many digits of customers’ debit and credit card numbers on their receipts, violating the Fair and Accurate Credit Transactions Act (FACTA).

Godiva admitted that it was aware of at least 342,025 receipts that were not compliant with these rules. The class action originally ended with the approval of a substantial settlement agreement.

Now, the court is planning to revisit the approval after some controversy surrounding the lead plaintiff’s ability to bring the claims involved in the original lawsuit and opinion.

Two class members objected to the settlement, appealing the court to reconsider its original opinion, which found that the lead plaintiff’s allegations that he had received a receipt printed with more than the last five digits of his credit card number from Godiva actually constituted a “concrete injury.”

Establishing this precedent, the settlement’s objectors argued, would cause more problems for other plaintiffs down the line. One of the objectors, Eric I., noted that the lead plaintiff, “who personally suffered no identity theft or credit-card fraud, released and forever barred other class members’ claims for any identity theft or credit-card fraud they might ultimately suffer as a result of Godiva’s breach,” Eric said in his petition for rehearing.

It wasn’t just class members that had something to say about the case’s original results. Several business groups, including the National Retail Federation, the U.S. Chamber of Commerce, and the International Franchise Association, argued that the court’s finding allows FACTA rules to be weaponized against businesses by lawyers, creating a kind of “annihilative class liability.”

Of course, one of the key components of the Fair and Accurate Credit Transactions Act is that those who have been hit with violations of the rules are eligible for an award of between $100 and $1,000 per individual violation.

Under FACTA rules, only the last five digits of a customer’s debit or credit card number may be printed on a receipt. The shortening of the card number is known as “truncation.” The card’s expiration date must be completely censored. These rules were introduced in 2003 and have been in full effect since 2006.

Filing a FACTA Lawsuit

If you have been affected by debit or credit card receipt violations, you may be able to pursue litigation under the Fair and Accurate Credit Transactions Act. Reporting violations helps enforce these rules, and also helps protect the information of hundreds or even thousands of other customers’ receipts.

It’s important to regularly check the credit card numbers and expiration dates printed on your receipts to see if they have been properly truncated. If your receipt does not follow the truncation rules, you may be eligible to receive a reward. Make sure that you keep any and all relevant receipts as evidence of your claim.

Join a Free Credit Card Receipt Class Action Lawsuit Investigation

If you have a receipt, invoice or contract from a retailer or vendor that includes more than the last five digits of your credit card or debit card number or any portion of the expiration date, you may qualify to file a credit card receipt class action lawsuit.

Learn More

This article is not legal advice. It is presented 
for informational purposes only.

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27 thoughts on11th Circuit to Reconsider $6.3M Godiva FACTA Settlement

  1. MCoop says:

    Am revving something in the mail with a claim #. This said and after what I read I think ( and I can be wrong; won’t know till I actually receive the postcard) that we will all have to refile using our claim #s located on the card. It’s also showing a much lower payout as the claims are now being reopened for others to file thru sometime in March. Went from $200+ down to a now expected payout of between $55-60.

  2. Felicia R Reddick says:

    add me in

  3. Vijay kumar says:

    Please add me. Thanks

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