Godiva FACTA Settlement
This lawsuit claims that Godiva willfully violated FACTA by printing credit card and debit card transaction receipts at certain of its stores in the United States that included more than the last 5 digits of the credit or debit card number, between April 6, 2013, and November 20, 2015. Godiva denies these allegations and denies any wrongdoing. The Court has conditionally certified a class action for settlement purposes only. The Court did not decide in favor of Plaintiff or Godiva. Instead, both sides agreed to this Godiva FACTA settlement.
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 can disregard the mailers you might have received in recent days. You do not need to file a new claim to receive a payment here.
The Court has certified this case as a class action for settlement purposes. The Settlement Class is defined as:
- All persons in the United States who, when making payment at a Godiva retail store located in the United States, made such payment using a credit or debit card and for whom Godiva printed a point-of-sale receipt which displayed more than the last 5 digits of the credit or debit card between April 6, 2013, and November 20, 2015.
Notwithstanding the foregoing, in compliance with 28 U.S.C. § 455, this class specifically excludes persons in the following categories: (A) The judge presiding over this case and the judges of the appellate court; (B) the spouses of those in category (A); (C) any person within the third degree of relationship of those in categories (A) or (B); and (D) the spouses of those within category (C).
If you are still not sure whether you are included, you can visit other sections of this Settlement Website, you may write to the claims administrator at Muransky v. Godiva Chocolatier Claims Administrator, P.O. Box 43403, Providence, RI 02940-3403 or you may call the Toll-Free Settlement Hotline at 1-844-830-5222 for more information.
Related: See All Settlement Rebates Here
Godiva will pay the total amount of $6,300,000 into a fund, which will cover:
- cash payments to Settlement Class Members who submit timely and valid Claim Forms;
- an award of attorneys’ fees to Class Counsel, in an amount not to exceed one-third, which is $2,100,000, plus reasonable expenses, as approved by the Court;
- service award to Plaintiff, in an amount not to exceed $10,000, as approved by the Court; and
- the costs of notice and administration of the Settlement. Cash Payments.
Class Counsel estimate that the amount of the cash award (while dependent upon the number of claims) may be around $55-$60. This is an estimate only. The final cash payment amount may be higher or lower than $55-$60 and will depend on the total number of valid and timely claims submitted by Settlement Class Members.
All Settlement Class Members are eligible to submit a Claim Form and receive a cash payment. No Portion of the Settlement Fund Will Return to Godiva. All money in the Settlement Fund beyond the funds the Court authorizes to be paid for the costs of notice and administration of the settlement, attorneys’ fees and costs to Class Counsel and any service award to Plaintiff, will be divided and paid pro rata to the Settlement Class Members who submitted valid and timely Claim Forms.
If you already submitted a valid claim in 2016, then you do not need to do anything else to receive a payment here. If you have not already submitted a valid claim, then to receive a payment, you must submit a valid claim form by March 22, 2021.