Welcome to the Muransky v. Godiva Chocolatier, Inc website
Dr. David S. Muransky v. Godiva Chocolatier, Inc.
United States District Court for the Southern District of Florida
Case No. 0:15-cv-60716-WPD
Final Approval has been granted, but has been appealed. The Court of Appeals held a hearing on the matter on January 12, 2018, and took the matter under advisement. The date the appeal will be decided is not known. Please check back to this website for updates as the appeal will delay the approved payout to the class. If you have moved or plan on moving, please update your address by contacting the claims administrator at Admin@GodivaFactaSettlement.com.
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 federal Court authorized this Notice. This is not a solicitation from a lawyer.
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 $235.
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.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
|SUBMIT A CLAIM FORM
||If you submit a valid Claim Form by August 23, 2016, you will receive a payment and will give up your rights to sue Godiva and/or any other released parties on a released claim. Claim Forms may be submitted through this website or by mail to Muransky v. Godiva Chocolatier Claims Administrator, P.O. Box 43403, Providence, RI 02940-3403.
|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 August 23, 2016.
|OBJECT TO THE SETTLEMENT
||Write to the Court about why you believe the settlement is unfair in any respect. The deadline for this is August 23, 2016. 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.
||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.
|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 August 23, 2016.