David Ulery v. DFS Group, L.P.
Case No. 2023CH03252

If you made a purchase at a DFS retail location using a credit card or debit card between May 27, 2020, and June 30, 2022, you may be entitled to benefits under a class action settlement.

Court authorized this notice. This is not a solicitation from a lawyer.

Plaintiff David Ulery alleges that DFS Group, L.P., (hereinafter “DFS”) printed receipts for credit or debit card transactions at its retail locations that displayed the first six (6) and last four (4) digits of the debit or credit card number in violation of the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681c(g)(1) et seq. (“FACTA”). DFS denies Plaintiff’s allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff’s claims or the defenses of DFS. By entering into the Settlement, DFS has not conceded the truth or validity of any of the claims against it.

Notwithstanding the foregoing, DFS has agreed to pay $2,500,000 (the “Settlement Fund”) in full and final settlement and release of the claims of the Settlement Class defined as persons in the United States who, between May 27, 2020 and June 30, 2022, engaged in one or more transactions using a debit card or credit card at one or more of DFS’s retail locations in the United States, and were thereupon provided an electronically printed receipt displaying the first six (6) and last four (4) digits of the credit or debit card account number used in connection with such transaction(s).

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 up to 33% of the Settlement Fund plus reasonable expenses, and will also petition for an Incentive Payment of $10,000 to Plaintiff. 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, up to a maximum of $17.00 per Settlement Class Member.

Your rights and options, and the deadlines to exercise them, are explained in this Notice. Your legal rights are affected whether you act or don’t act. Read this 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  RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM	If you submit a valid Claim Form by July 16, 2024, you will receive a payment and will give up your rights to sue DFS and/or any other released parties (“Defendant Releasees”, as defined in the Settlement Agreement) on any Released Claim, as defined in the Settlement Agreement. If you have a Claim ID number, Claim Forms may be submitted by mail to Ulery v. DFS Group, c/o KCC Class Action Services, P.O. Box 301172, Los Angeles, CA 90030-1172 or through the settlement website by clicking HERE or by calling 1-877-320-6904. 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 DFS or any other Defendant Releasee on your own in the future. The deadline for excluding yourself is July 16, 2024.
OBJECT TO THE SETTLEMENT	You may write to the Court about why you believe the Settlement is unfair in any respect. Please see Section 16 below (“How do I tell the Court that I do not think the Settlement is fair?”). The deadline for objecting is July 16, 2024. To obtain a benefit from this Settlement, you must still complete and submit a Claim Form or Publication Claim Form. If you submit only 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 DFS or any other Defendant Releasee.
DO NOTHING	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 DFS or any other Defendant 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 set forth in Frequently Asked Question 21 no later than July 16, 2024.