Barlo v. Witham Sav-A-Stop
Barlo v. Witham Sav-A-Stop
CLASS ACTION SETTLEMENT INFORMATION
Welcome to the settlement information website for Barlo v. Witham Sav-A-Stop. This website describes the case and the settlement between Kenneth Barlo (”Plaintiff”) and Witham Sav-A-Stop (”Defendant”) related to credit and debit card transactions made at Witham Sav-A-Stop stores between December 4, 2006 and June 4, 2008 (”Class Period”).
We have tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also contact the Class Settlement Administrator for further information:
| Barlo v. Witham Sav-A-Stop c/o The Garden City Group, Inc. |
DO NOT CONTACT THE COURT FOR INFORMATION.
This case is currently pending in the United States District Court for the Northern District of Indiana, Hammond Division as Case No. 08-CV-97PRC. The judge is Magistrate Paul Cherry. To see a copy of the Complaint, click here.
Plaintiff alleges Defendant violated a provision of the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681c(g), (”FACTA”) by providing cardholder consumers with electronically-printed credit or debit card receipts that displayed more than the last 5 digits of the cardholders’ card number. FACTA prohibits merchants from providing to consumers electronically-printed credit/debit card receipts that display more than the last 5 digits of a card number. Defendant denies any liability to Plaintiff and the Settlement Class Members and denies any wrongdoing of any kind relative to the allegations of the lawsuit. Defendant further contends that no Settlement Class Member has sustained any actual monetary injury as a result of the conduct alleged. Plaintiff has not alleged that he has suffered any actual monetary loss.
Nevertheless, the parties have agreed to settle this lawsuit to avoid the continued risks of litigation. Class Members have an opportunity to receive a $100 credit for use at Witham Sav-A-Stop stores (certain exclusions apply). To see a copy of the Settlement Agreement, click here.
The Court has certified three classes for settlement purposes and preliminarily approved a class action settlement of this case. To see a copy of the Preliminary Approval Order, click here.
There are three different classes covered by the proposed settlement.
Settlement Class A is comprised of all people who received a receipt for a credit/debit card purchase inside any of the following Witham Sav-A-Stop locations between December 4, 2006 and June 4, 2008: 2847 165th St., Hammond, IN; 7452 Indianapolis Blvd., Hammond, IN; or 3205 45th Ave., Highland, IN. Settlement Class A does not include any purchases made at the self-serve gas pumps at any Witham Sav-A-Stop location or any purchases made inside the Witham Sav-A-Stop store at 1111 165th St., Hammond, IN.
Settlement Class B is comprised of all people who made a credit/debit card purchase inside the Witham Sav-A-Stop store located at 1111 165th St., Hammond, IN, between December 4, 2006 and June 4, 2008, and who received a receipt that displayed more than the last 5 digits of the person’s credit/debit card number. Defendant and Plaintiff do not believe that Defendant printed receipts inside the store at this location that displayed more than the last 5 digits of card numbers, but are including such transactions in this settlement in the interest of resolving this matter completely.
Settlement Class C is comprised of all people who made a credit/debit card purchase at a self-serve gas pump at any Witham Sav-A-Stop location between December 4, 2006 and June 4, 2008 and who received a receipt that displayed more than the last 5 digits of the person’s credit/debit card number. Defendant and Plaintiff do not believe that Defendant printed receipts at its self-serve gas pumps that displayed more than the last 5 digits of card numbers, but are including such transactions in this settlement in the interest of resolving this matter completely.
The links below provide information about who is a Settlement Class Member, the terms of the Settlement Agreement and how Settlement Class Members can participate in, object to, or exclude themselves from, the class action settlement of this case.
All Potential Class Members have four options:
| Submit a Claim Form by May 7, 2010. | The only way to get a settlement credit for use at Witham Sav-A-Stop stores. For a copy of the claim form for Class A Click here, for Class B Click here, and for Class C Click here. |
| Opt-Out of the Settlement by May 7, 2010. | Get no payment or other benefit from the Settlement. But this is the only option that allows you to separately sue Defendant for any purported violation of FACTA. Click here for instructions on how to Opt-Out. |
| Object by June 25, 2010. | Write to the Court or appear at the Fairness Hearing if you object to the Settlement. This option is not available to persons who Opt-Out. Click here for instructions on how to object in writing or in person. |
| Do Nothing. | You do not get a settlement credit for use at Witham Sav-A-Stop stores. But you still give up any right you may have to sue Defendant for any purported violation of FACTA. |
Frequently Asked Questions and Answers
- What is a class action?
- Why is this lawsuit a class action?
- What are the Settlement Classes?
- Who is excluded from the Settlement Classes?
- Do I have a lawyer representing my interests?
- Should I get my own lawyer?
- What if I still have questions?
- Has the Court decided who is right?
- What do Settlement Class Members who submit a valid claim form receive?
- Do I have to submit a Claim Form and prove that I am a Settlement Class Member to
receive a Settlement Credit? - How much will Settlement Class Counsel be paid?
- What is the deadline for submitting claim forms?
- If I remain a Settlement Class Member, what claims will I be releasing?
- What are the effects of excluding myself from the Settlement?
- How do I Opt Out?
- How may I comment against the Settlement?
- What is the difference between objecting and Opting-Out?
- When will the Fairness Hearing be held?
- What happens if the settlement is not approved or is otherwise terminated?
- What happens if I do nothing at all?
In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The “Class Representatives” are also called “Plaintiffs.” The Class Representatives and the people who have similar claims are called the “Class,” or where, as here, the Classes are approved solely for purposes of settlement, the “Settlement Class.” Each member of the Settlement Class is called a “Settlement Class Member.” One Court resolves the issues for everyone in the Settlement Class, except for those people who choose to exclude themselves from the Settlement Class.
Cases can be approved as class actions for trial or settlement. Here, the Court has preliminarily decided that the case meets the requirements for a class solely for purposes of settlement. Except for settlement purposes, the Court has not decided whether this lawsuit should be a class action.
There are three different classes covered by the proposed settlement.
Settlement Class A is comprised of all people who received a receipt for a credit/debit card purchase inside any of the following Witham Sav-A-Stop stores between December 4, 2006 and June 4, 2008: 2847 165th St., Hammond, IN; 7452 Indianapolis Blvd., Hammond, IN; or 3205 45th Ave., Highland, IN. Settlement Class A does not include any purchases made at the self-serve gas pumps at any Witham Sav-A-Stop location or any purchases made inside the Witham Sav-A-Stop store at 1111 165th St., Hammond, IN.
Settlement Class B is comprised of all people who made a credit/debit card purchase inside the Witham Sav-A-Stop store located at 1111 165th St., Hammond, IN, between December 4, 2006 and June 4, 2008, and who received a receipt that displayed more than the last 5 digits of the person’s credit/debit card number. Defendant and Plaintiff do not believe that Defendant printed receipts inside the store at this location that displayed more than the last 5 digits of card numbers, but are including such transactions in this settlement in the interest of resolving this matter completely.
Settlement Class C is comprised of all people who made a credit/debit card purchase at a self-serve gas pump at any Witham Sav-A-Stop location between December 4, 2006 and June 4, 2008 and who received a receipt that displayed more than the last 5 digits of the person’s credit/debit card number. Defendant and Plaintiff do not believe that Defendant printed receipts at its gas pumps that displayed more than the last 5 digits of card numbers, but are including such transactions in this settlement in the interest of resolving this matter completely.
No one is excluded. If you meet one or more of the settlement class definitions set forth in Question 3, and do not Opt Out, you are a member of the Settlement Class.
You do. Mr. Barlo and the Settlement Class are represented by the following, known as Settlement Class Counsel:
Lance A. Raphael
Stacy M. Bardo
Allison A. Krumhorn
The Consumer Advocacy Center, P.C.
180 W. Washington St., Ste. 700
Chicago, IL 60602
312.782.5808 (p)
312.377.9930 (f)
Paul F. Markoff
Markoff Law Firm, LLC
180 W. Washington St., Ste. 700
Chicago, IL 60602
312.726.4162 (p)
312.277.2507 (f)
George P. Galanos
1301 N. Main St.
Crown Point, IN 46307
219.663.1938 (p)
219.663.3799 (f)
You do not need to hire a separate lawyer because Settlement Class Counsel are legally required to look after the interests of all Settlement Class Members. But you may contact your own lawyer, at your own expense, for any assistance that you may require.
Please contact Lance A. Raphael at 312.782.5808 or the Claims Administrator at 1-888-404-8013. Please do not contact the Court.
The Court has not decided whether Defendant violated FACTA by printing credit/debit card receipts with more than the last five (5) digits of the credit/debit card number. Plaintiff and Defendant each believe that they would win if the Settlement is not approved and the case proceeds to trial. But under the Settlement, there will be no trial. A settlement avoids further risks and costs of litigation, including trial. The parties have decided to settle on a class basis because a class settlement allows all matters to be resolved simultaneously for all Settlement Class Members and Defendant.
Defendant shall provide to each Settlement Class Member that submits a Valid Claim Form, subject to the limitations set forth below, a Settlement Credit in the amount of $100 for use at Witham Sav-A-Stop stores.
Each Settlement Class Member shall be eligible to receive only one (1) Settlement Credit, even if the person is a member of more than one of the three Settlement Classes and regardless of how many credit or debit card transactions a Settlement Class Member conducted at Defendant’s locations/stores during the Settlement Class Period.
Settlement Credits (1) will be valid for 120 days from mailing to the Settlement Class Member; (2) cannot be used to purchase petroleum products, tobacco products or lottery products or to pay any taxes related to petroleum products, tobacco products or lottery products; (3) shall be fully transferrable to any person or entity; (4) shall be redeemable only at Witham Sav-A-Stop stores (or any successor stores at the same locations); (5) shall have no cash value; and (6) shall not be replaced if lost, stolen or damaged. The Settlement Credit will most likely be provided in the form of an electronically readable card (like a debit or gift card), but it may be provided in a different form. Failure to redeem or exhaust the value of a Settlement Credit prior to the expiration of 120 days from mailing shall not entitle the holder or anyone else to any further relief.
Yes, to obtain a Settlement Credit, you must submit a complete, valid, and timely Claim Form, which requires proof of Settlement Class Membership. The Claim Form and requirements are slightly different depending upon which location you visited and whether you paid inside the store or at the self-serve gas pump, so please read the following carefully.
Settlement Class A. To submit a Valid Claim Form, Settlement Class A Members must (1) fill out Claim Form A completely and legibly (including the last five (5) digits and the name of the issuing financial institution of the credit or debit card used for a transaction inside any one of the following Witham Sav-A-Stop locations during the Class Period: 2847 165th St., Hammond, IN; 7452 Indianapolis Blvd., Hammond, IN; or 3205 45th Ave., Highland, IN), (2) have used and state under penalty of perjury that he or she used that card inside one of the listed Witham-Sav-A-Stop locations during the Class Period and received a receipt, and (3) mail the completed Claim Form to the Class Settlement Administrator by May 7, 2010.
Settlement Class B. To submit a Valid Claim Form, Settlement Class B Members must (1) fill out Claim Form B completely and legibly (including the last five (5) digits and the name of the issuing financial institution of the credit or debit card used for a transaction inside the Witham Sav-A-Stop located at 1111 165th St., Hammond, IN
Settlement Class C. To submit a Valid Claim Form, Settlement Class C Members must (1) fill out Claim Form C completely and legibly (including the last five (5) digits and the name of the issuing financial institution of the credit or debit card used for a self-serve gas pump transaction at any Witham Sav-A-Stop during the Class Period), (2) attach a copy of the credit or debit card receipt displaying more than the last five (5) digits of the credit or debit card used for the transaction, (3) have used and state under penalty of perjury that he or she used that card at a Witham-Sav-A-Stop self-serve gas pump during the Class Period, and (4) mail the completed claim form to the Class Settlement Administrator by May 7, 2010. Settlement Class C Members may be required to submit the original receipt later in order for their Claim Form to be considered valid, so Settlement Class C Members should retain the original.
You must mail your completed Claim Form (including a copy of the receipt, if you are a Settlement Class B or Settlement Class C Member) to: Barlo v. Witham Sav-A-Stop, c/o The Garden City Group, Inc., P.O. Box 91105, Seattle, WA 98111-9205.
Defendant has agreed to pay Settlement Class Counsel $145,000 for attorneys’ fees and out-of-pocket expenses, subject to Court approval. You do not have to pay the attorneys anything, and the amount Defendant will pay Settlement Class Counsel does not affect the amount of compensation available to the Settlement Classes.
The postmark deadline to submit a claim is May 7, 2010.
If you remain a Settlement Class Member, if the Settlement becomes final, Plaintiff and each Settlement Class Member that has not Opted-Out will release all claims relating in any way to Defendant’s alleged failure to comply with FACTA or any other federal, state or local law requiring truncation or redaction of account numbers and/or expiration dates on credit or debit card receipts.
This is an abbreviated description of the release. The full released can be viewed by clicking here.
If you remain a Settlement Class Member, you will release important rights in exchange for the right to submit a Claim Form to receive a Settlement Credit in the amount of $100 (subject to use limitations). The postmark deadline to Opt Out is May 7, 2010.
If you Opt-Out from the Settlement, you will not be eligible to receive a Settlement Credit. You also will not be permitted to object to the Settlement or be heard at the Fairness Hearing. But, if you properly Opt-Out, you will preserve any claims that you may have against Defendant and will not be bound by any rulings of the Court in connection with this Settlement.
If you do not want to participate in the settlement, do not want to receive a Settlement Credit, and do not want to give up any rights you may have to sue Defendant for any claims covered by the Settlement, you must send a signed letter, post-marked by May 7, 2010 to the Class Settlement Administrator, with your name and address stating “EXCLUDE ME FROM THE BARLO v. WITHAM SAV-A-STOP SETTLEMENT.”
You may object to the Settlement by writing a signed letter stating the specific reasons for your objection and filing it with the court at 5400 Federal Plaza, Ste. 2300, Hammond, IN 46320 by June 25, 2010. The letter must reference Case No. 2:08-CV-97PRC. The letter must be post-marked by June 25, 2010.
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay a Settlement Class Member. If you Opt-Out, you are telling the Court that you do not want to be a Settlement Class Member. If you Opt-Out, you have no basis to object because the case no longer affects you.
Fairness Hearing (also called a final approval hearing) will be held on July 15, 2010 before the Honorable Paul Cherry, at 9:00 a.m. After this hearing, the Court will determine whether the proposed Settlement is fair, reasonable, and adequate, and should be finally approved by the Court. The website will be updated to reflect any schedule changes related to the hearing. You may attend and speak in favor or against the Settlement at this hearing if you wish.
If the Settlement is not approved by the Court, or is terminated pursuant to its terms, you will not receive a Settlement Credit and you will not give up any claims that you possess. The case will proceed as if there had never been a proposed settlement.
If you do nothing and the Court approves the Settlement, you will not get a Settlement Credit and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant arising out of the claims covered by this Settlement.