Dr. David S. Muransky v. Godiva Chocolatier, Inc.
Circuit Court of Cook County, Illinois
Case No. 2020 CH 7156
If you made a purchase at a Godiva store in the United States using a credit card or debit card between April 6, 2013 and November 20, 2015, you may be entitled to benefits under a class action settlement.
A Court authorized this Notice. This is not a solicitation from a lawyer.
You may have previously received a notice about this settlement in 2016, when the case was pending before the United States District Court for the Southern District of Florida, Case No. 15-cv-60716-WPD. That case was recently re-filed in the Circuit Court of Cook County, Illinois, Case No. 2020 CH 7156. If you already submitted a valid claim in response to the prior notice, you do not need to file a new claim to receive a payment here.
- Plaintiff alleges that willfully printing credit and debit card transaction receipts that include more than the last 5 digits of the card number violates the Fair and Accurate Credit Transactions Act, 15 U.S.C. §1681c(g)(1), et seq. (“FACTA”). Plaintiff sued Godiva for allegedly willfully violating FACTA in the lawsuit identified above. Godiva denies Plaintiff’s allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff’s claims or Godiva’s defenses. By entering into the settlement, Godiva has not conceded the truth or validity of any of the claims against it.
- A proposed settlement will provide a total of $6,300,000 (the “Settlement Fund”) to fully settle and release claims of persons for whom Godiva printed, at one of its retail stores located in the United States, a point-of-sale credit card or debit card transaction receipt that included more than the last 5 digits of the card number at any time during the time period set forth above (the “Settlement Class”).
- The Settlement Fund shall be used to pay all amounts related to the settlement, including awards to Settlement Class members who submit a valid and timely claim form to receive payment (“Claim Form”), attorneys’ fees and expenses to attorneys representing Plaintiff and the Settlement Class (“Class Counsel”), any service award for Plaintiff and the costs of notice and administering the settlement. Class Counsel estimate that Settlement Class members who timely submit a valid Claim Form will receive around $55-$60.
- Your rights and options, and the deadlines to exercise them, are explained in the Notice. Your legal rights are affected whether you act or don’t act. Read the Notice carefully.
- The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
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SUBMIT A CLAIM FORM |
If you previously submitted a valid claim or if you submit a valid Claim Form by March 22, 2021, you will receive a payment and will give up any right to sue Godiva and/or any other released parties on a released claim. Claim Forms may be submitted by mail to Muransky v. Godiva Chocolatier Claims Administrator, P.O. Box 43403, Providence, RI 02940-3403 or through the settlement website by clicking here. |
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EXCLUDE YOURSELF OR "OPT-OUT" OF THE SETTLEMENT |
If you ask to be excluded, you will not receive a payment. This is the only option that allows you to pursue your own claims against Godiva and/or other released parties in the future. The deadline for excluding yourself is March 22, 2021. |
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OBJECT TO THE SETTLEMENT |
Write to the Court about why you believe the settlement is unfair in any respect. The deadline for this is March 22, 2021. To obtain a benefit from this settlement, you must still submit a Claim Form. If you only submit an objection, you will not receive any benefit from the settlement and you will give up your right to sue Godiva and/or any other released parties on a released claim. |
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DO NOTHING |
If you do nothing, you will not receive any monetary award and you will give up your rights to sue Godiva and/or any other released parties on a released claim. |
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GO TO THE FINAL APPROVAL HEARING |
Ask to speak in Court about the fairness of the settlement if you object to the settlement. To speak at the Final Approval Hearing, you must file a document including your name, address, telephone number and your signature with the Court stating your intention to appear, by no later than March 22, 2021.
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