Hibbett receipt privacy $6M class action settlement

Hibbett will pay up to $6 million as part of a settlement to resolve a class action lawsuit that alleged violations of federal law passed to protect consumers’ credit card information. 

The settlement class is defined as all U.S. consumers who paid using a credit or debit card at a Hibbett, City Gear or Sports Additions stores in the United States and for whom the store printed a point-of-sale receipt that displayed more than the last five digits of the payment card number between Dec. 15, 2020, and Feb. 23, 2022.

Hibbett/City Gear sells sports and casual gear and apparel. The company operates more than 1,000 retail stores in 35 states. It is headquartered in Birmingham, Alabama.

The class action lawsuit alleged Hibbett Retail and City Gear violated the Fair and Accurate Credit Transactions Act, which is commonly known as FACTA. Among other things, FACTA forbids businesses from putting too much credit card information on printed receipts. The purpose of that provision is to prevent theft. 

Businesses may not disclose information such as the credit card’s expiration date or more than five digits of the credit card number. This particular provision can be met with statutory damages from $100 to $1,000 per violation. The law was passed in 2003 but went into effect Jan. 1, 2005.

Court documents show Hibbett denied wrongdoing, arguing it never willfully generated any receipt with more than the number of credit card number digits and that any such alleged receipts were generated solely as the result of an inadvertent error in a software update performed by a third-party vendor.” The company agreed to the settlement due to projected legal costs and risks.

Under the terms of the Hibbett settlement, up to $1.925 million will be deducted from the settlement fund to pay for attorneys’ fees, notice and settlement administration costs. 

Members of the class may be entitled to a single payment of up to $20. Hibbett has the right to apply the payment to the claimant’s Hibbett City Gear Rewards account. If the total amount of payments exceeds the net settlement amount, the payments will be reduced on a proportional basis.

Class members will be sent a notice with an ID number they will need to include on their claim.

Class members may exclude themselves from or object to the settlement before Dec. 26, 2022. 

Those who do nothing will not receive a payment. 

A fairness hearing will be held Jan. 9, 2023.

Claim forms must be submitted electronically or postmarked no later than Feb. 8, 2023.

Who’s Eligible

Consumers who paid using a credit or debit card at a Hibbett, City Gear or Sports Additions stores in the United States and for whom the store printed a point-of-sale receipt that displayed more than the last five digits of the payment card number between Dec. 15, 2020, and Feb. 23, 2022.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

02/08/2023

Case Name

Cliatt, et al. v. Hibbett Retail Inc., Case No. CV-2022-90008, in the Circuit Court of Barbour County, Alabama

Final Hearing

01/09/2023

Settlement Website

HibbettFactaSettlement.com

Claims Administrator

Hibbett Class Action Settlement
P.O. Box 173003
Milwaukee, WI 53217
info@HibbettFACTASettlement.com
877-883-8091

Class Counsel

R Brent Irby
IRBY LAW LLC

Eric Colley
WM ERIC COLLEY ATTORNEY AT LAW LLC

Christy D Crow
JINKS CROW & DICKSON PC

Defense Counsel

Tom Butler
MAYNARD COOPER & GALE