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A California federal judge has approved a $1.3 million class action settlement involving a class of more than 26,000 consumers who allege Diamond Wireless LLC, a Verizon cell phone retailer, printed receipts that contained credit card expiration dates in violation of the Fair and Accurate Credit Transactions Act (FACTA).
On Thursday, U.S. District Judge Consuelo B. Marshall granted final approval to the Diamond Wireless FACTA settlement, which will pay Class Members approximately $23 each. The class action lawsuit, which was initially filed in April 2013, alleged Diamond Wireless willfully violated FACTA by printing the full expiration date on customers’ credit or debit card receipts between April 24, 2011 and July 30, 2013.
FACTA is a federal law that was enacted in effort to protect consumers against identity theft and credit card fraud. The law prohibits companies from printing more than the last five digits of a credit or debit card number or the card’s expiration date on the receipt. Even though the law was passed in 2003, many merchants failed to bring their point of sale machines into compliance before the law became effective in 2006. In 2007, Congress passed the Credit and Debit Card Receipt Clarification Act. As of June 4, 2008, a merchant that prints a debit or credit card’s expiration date on an electronically generated receipt is considered to violate FACTA, even if the debit or credit card number was appropriately truncated.
Plaintiffs Ronald Betten and Esther Kafa claim that they used a debit or credit card to make purchases from Diamond Wireless locations in February and March 2013, respectively. They allege they received a receipt that included their payment cards’ expiration dates in violation of FACTA. Further, they allege Diamond Wireless willfully violated the federal law because they had nearly 10 years to become compliant with FACTA but failed to do so. The plaintiffs initially sought damages ranging between $100 and $1,000 for each violation, as allowed under FACTA.
According to the Diamond Wireless website, the company has become one of the largest Verizon Wireless indirect dealers in the country and has more than 1,300 employees.
More information about the Diamond Wireless FACTA settlement is available here or at www.DiamondWirelessSettlement.com. The deadline to file a claim for the class action settlement was April 8, 2014.
Class Members are represented by Eric A. Grover of Keller Grover LLP and Steven L. Miller.
The Diamond Wireless FACTA Class Action Lawsuit is Ronald C. Betten, et al. v. Diamond Wireless LLC, Case No. 2:13-cv-02885, in the U.S. District Court for the Central District of California.
UPDATE: Checks from the Diamond Wireless class action settlement were mailed on Sept. 30, 2014. Payouts were approximately $24. How much did YOU receive? Let us know in the comments section below. Congratulations!
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15 thoughts onDiamond Wireless FACTA Class Action Settlement Approved
UPDATE: Checks from the Diamond Wireless class action settlement were mailed on Sept. 30, 2014. Payouts were approximately $24. How much did YOU receive? Let us know in the comments section below. Congratulations!
I still have not even gotten my check yet!
I heard checks are out 24.08
didn’t receive a rejection letter and was told that the distribution will begin September 30th