Cheesecake FACTA Claims Reports & Reviews (6)
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?NOTICE OF CLASS ACTION LAWSUIT AND PROPOSED SETTLEMENT
THE COURT AUTHORIZED THIS NOTICE. THIS IS NOT A SOLICITATION FROM A LAWYER.
YOU MAY BE ENTITLED TO RECEIVE MONETARY COMPENSATION.
What is this? This is notice of a proposed Settlement in a class action lawsuit for Muransky et al. v. The Cheesecake Factory, Inc., Case No. 19STCV43875.
What is this lawsuit about? The Settlement would resolve a lawsuit brought on behalf of a class of individuals where the Plaintiffs claimed that, between November 10, 2016 and February 4, 2017, some Cheesecake Factory owned, operated, or branded restaurants located in the United States printed point-of-sale receipts for EMV credit or debit card transactions that displayed the first six and last four digits of the EMV card number used in the transaction. Cheesecake Factory’s point-of-sale software is produced by GK Software. Any person that does not match Cheesecake Factory’s credit or debit card transaction data showing that they may have received an EMV receipt at the point of sale that may have violated the Fair and Accurate Credit Transactions Act (“FACTA”) shall not be a Settlement Class Member. Cheesecake Factory and GK Software deny any wrongdoing. The Court has not ruled on the merits of Plaintiffs’ claims or the defenses of Cheesecake Factory or GK Software.
Why am I getting this notice? You were identified as someone for whom a Cheesecake Factory owned, operated, or branded restaurant may have printed such an EMV receipt at the point of sale, according to records.
What does the Settlement provide? Cheesecake Factory and GK Software have agreed to pay $4,750,000 into a Settlement Fund, which will pay for all amounts related to the Settlement, including the cost of notice and administration of the Settlement, payments to Settlement Class Members who file valid claims, attorneys’ fees and expenses incurred by counsel for Plaintiffs and the Settlement Class (“Class Counsel”), and an Incentive Payment for Plaintiffs, if approved by the Court. Each Settlement Class Member who submits a valid Settlement Claim Form may receive a payment, subject to pro rata distribution of the settlement, which Class Counsel estimates is $56 to $28 based on a 5%-10% claim rate. Plaintiffs’ counsel will petition for Incentive Payments of $10,000 to Plaintiff Dr. David S. Muransky, $5,000 combined to Adriana Tibbetts and Darryl Tibbetts, and $5,000 to Kristy Zhang for their services as Class Representatives, and for Class Counsel’s fees not to exceed $1,583,333 (which is one-third of the Settlement Fund), plus Class Counsel’s reasonable expenses. In no event will the Settlement Fund exceed $4,750,000.
How can I receive a payment from the Settlement? To receive payment, you must complete and submit a valid Claim Form by March 31, 2022. You can obtain and submit a Claim Form online at the Settlement Website , by mail, or by telephone at 1-888-510-9743. Settlement Claim Forms submitted by mail must be sent to the Claims Administrator at the address below and must be postmarked no later than March 31, 2022. Your Claim ID is 2074912136. Your PIN is 1376.
Do I have to be included in the Settlement? If you don’t want monetary compensation from this Settlement and you want to keep the right to pursue or continue to pursue these claims against Cheesecake Factory or GK Software on your own, then you must exclude yourself from the Settlement by sending a letter requesting exclusion to the Claims Administrator, postmarked no later than March 31, 2022 to the address below. The letter requesting exclusion must contain the specific information set forth on the Full Notice on the Settlement Website and in the Settlement Agreement.
If I don’t like something about the Settlement, how do I tell the Court? If you don’t exclude yourself from the Settlement, you can object to any part of the Settlement. You must file your written objection with the Court by March 31, 2022. Your written objection must also be mailed to Class Counsel, Cheesecake Factory’s Counsel, and GK Software’s Counsel and be postmarked no later than March 31, 2022. Your written objection must contain the specific information set forth in Question 16 of the Full Notice (“How do I tell the Court that I do not think the Settlement is fair?”), available here. If you file an objection, in order to remain eligible to receive a payment, you must also file a Settlement Claim Form.
What if I do nothing? If you do nothing, you will not be eligible for a payment. But, you will still be a Settlement Class Member and be bound by the Settlement, and you will release Cheesecake Factory and GK Software from all liability associated with the alleged actions giving rise to this case as set forth in the Settlement Agreement.
When will the Court decide whether to approve the settlement? The Court will hold a Final Approval Hearing in this case, Muransky et al. v. The Cheesecake Factory, Inc., Case No. 19STCV43875, at 10:00 a.m. on May 6, 2022, at Spring Street Courthouse in the Superior Court of the State of California for the County of Los Angeles. You may hire your own attorney to appear and speak at the hearing at your own expense, but it is not necessary.
How do I get more information about the Settlement? This notice contains limited information about the Settlement. For more information, to view additional Settlement documents, and to review information regarding your exclusion and objection rights and the Final Approval Hearing, visit the Settlement Website. You can also obtain additional information, a more detailed notice describing the Settlement, or a Settlement Claim Form by calling 1-888-510-9743 or writing to Cheesecake FACTA Claims Administrator, P.O. Box 6659, Portland, OR 97228-6659.
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