NEW YORK, July 1, 2022 /PRNewswire-HISPANIC PR WIRE/ — If you are a merchant who incurred an unreimbursed EMV/chip Fraud Liability Shift chargeback on a Visa, Mastercard, American Express, or Discover credit or debit card transaction that occurred from October 1, 2015, to September 30, 2017, a pending class action lawsuit may affect your rights.
Class action litigation (B&R Supermarket, Inc, et al. v. Visa Inc., et al., 17-cv-02738) is pending in the U.S. District Court for the Eastern District of New York. In this litigation, Plaintiffs assert that Defendants Visa, Mastercard, American Express, and Discover violated antitrust laws by illegally acting in concert in shifting the liability for certain fraudulent charges to merchants when the card was enabled with EMV/chip technology and the merchant’s terminal was not. The Court has not yet decided who is right. The Court has decided this case should proceed as a class action lawsuit. Liability has not yet been determined. No trial date has been set. There is no money available now. There is no guarantee there ever will be. However, your legal rights may be affected and you must make a choice now.
Your options are either:
1. Do nothing. Stay in this case. Await the outcome. Give up certain rights. If you do nothing, you keep the possibility of getting money or benefits that may be awarded at trial or through a settlement. You will be legally bound by all of the Orders the Court issues and Judgments the Court makes in this litigation. However, if you stay in the case, you give up any rights you may have to sue the Defendants separately concerning any claims based on the facts and conduct raised by this lawsuit. If you choose, you may enter an appearance in this case through an attorney.
2. Exclude yourself. Get out of this case. Get no money from it, if any is recovered in the future. Keep any rights you may have to sue on your own. If you ask to be excluded from the Class, you will not be entitled to any recovery, if any ultimately is awarded. But you, on your own or through an attorney you hire, may be able to sue the Defendants concerning the same legal claims that are the subject of this lawsuit. To exclude yourself, you must send a letter stating you want to exclude yourself from the Class to: FLS Litigation Administrator, P.O. Box 6430, Portland, OR 97228-6430. Your exclusion request must be postmarked no later than 08/31/2022.
If you have any questions or want to review documents that have been filed in this case, including the detailed Notice that describes how to request exclusion, you may visit www.FraudLiabilityShiftLitigation.com. All dates are subject to change, and current dates are available on the website.
VISIT WWW.FRAUDLIABILITYSHIFTLITIGATION.COM OR CALL TOLL-FREE 1-855-662-0073.
SOURCE U.S. District Court for the Eastern District of New York