Welcome to the Flaum v. Doctor's Associates, Inc. n/k/a Doctor's Associates LLC Settlement Website United States District Court for the Southern District of Florida,
Case No. 0:16-cv-61198-CMA
If you made a purchase at a Subway restaurant using a credit card or debit card between January 1, 2016 and March 23, 2017, 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.
This website contains information regarding a proposed class action settlement that has been preliminarily approved by the Court.
- Plaintiffs allege that willfully printing receipts for credit or debit card transactions that include the expiration date of the card number violates the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681c(g)(1) et seq. ("FACTA"). Plaintiffs further allege that Doctor's Associates, Inc. n/k/a Doctor's Associates LLC ("Doctor's Associates") willfully violated FACTA in the lawsuit identified above by printing point-of-sale receipts for credit and debit card transactions at Subway restaurants in the United States that displayed the expiration date of the card number. Doctor's Associates denies Plaintiffs' allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiffs' claims or the defenses of Doctor's Associates. By entering into the Settlement, Doctor's Associates has not conceded the truth or validity of any of the claims against it. Subway restaurants are franchised by Doctor's Associates. On October 29, 2018, Doctor's Associates Inc. (DAI) converted from a Florida corporation to a Florida limited liability company named "Doctor's Associates LLC" (DAL). As a general proposition, the obligations of DAI continue to be the obligations of DAL, including those arising under the settlement agreement in this lawsuit.
- Doctor's Associates has agreed to pay $30,900,000 (the "Settlement Fund") in full and final settlement and release of the claims of persons for whom Subway restaurants may have printed the expiration date of the card number. The Settlement Class is defined as the cardholders who hold the 2,687,021 unique credit or debit card numbers based on the first six and last four digits of their accounts, whose EMV (the "Europay, Mastercard, Visa" chip-based standard) debit or credit card was used to make a purchase by tapping or inserting the card in a payment terminal at a Subway restaurant that was using a version of Subway Payment Manager programmed to print EMV card expiration dates on customer transaction receipts, between January 1, 2016 and March 23, 2017.
- Not all Subway locations were printing expiration dates on receipts. While the class period is January 1, 2016 to March 23, 2017, nearly all of the receipts that contained expiration dates were printed during May or June, 2016.
- The Settlement Fund will be used to pay all amounts related to the Settlement, including payments to each Settlement Class Member who submits a valid and timely claim form to receive payment ("Claim Form"), attorneys' fees and reasonable expenses, and the costs of notice and administering the Settlement. Class Counsel anticipate that they will petition the Court for attorney fees not to exceed one-third of the Settlement Fund, and will also petition for Incentive Payments of $10,000 to Plaintiff Jason Alan and $20,000 to Plaintiff Shane Flaum for their service as Class Representatives. Settlement Class Members who timely submit a valid Claim Form will receive a pro rata payment distribution, calculated by dividing the available funds for distribution to the Settlement Class by the number of persons who submit valid Claim Forms.
- 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 January 22, 2019, you will receive a payment and will give up your rights to sue Doctor's Associates and/or any other released parties ("Doctor's Associates Releasees", as defined in the Settlement Agreement) on any Released Claim, as defined in the Settlement Agreement. If you have a Class ID number, Claim Forms may be submitted through this website, by mail to Flaum v. Doctor's Associates, Inc. Claims Administrator, P.O. Box 404049, Louisville, KY 40233-4049 or by calling 1-888-284-3289. If you do not have a Class ID number, you must submit the Publication Claim Form and provide each such receipt, if available, the date(s) when each such receipt was provided and the store location, and the first six and last four digits of the account number of the credit or debit card used for your purchase. The Claims Administrator may seek additional information from persons who submit Publication Claim Forms to validate claims.
|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 or continue to pursue claims against Doctor's Associates or any other Doctor's Associates Releasee on your own in the future. The deadline for excluding yourself is January 22, 2019.
|OBJECT TO THE SETTLEMENT
||You may write to the Court about why you believe the Settlement is unfair in any respect. The deadline for objecting is January 22, 2019. To obtain a benefit from this Settlement, you must still complete and submit a Claim Form or Publication 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 pursue or continue to pursue a Released Claim against Doctor's Associates or any other Doctor's Associates Releasee.
||If you do nothing, you will not receive any monetary award, but you will give up your rights to pursue or continue to pursue a Released Claim against Doctor's Associates or any other Doctor's Associates Releasee.
|GO TO THE FINAL APPROVAL HEARING
||You may 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 comply with the requirements as described in frequently asked question 21 no later than January 22, 2019.