In a recent settlement, MasterCard and Visa have agreed to reduce transaction fees and pay $3 billion to settle a major lawsuit filed by retailers. The retailers’ attorney, Lloyd Constantine, called the settlement a major victory for merchants. The settlement will save retailers an estimated $100 billion by the end of the decade, which should be passed on to consumers. Unfortunately, this settlement is not yet enforceable, and the merchants are still fighting for it in court.
Target class action settlement ends two class action lawsuits
A settlement reached by Target Corp. on Tuesday settles two class action lawsuits that were filed by debit card holders. The companies were hit with a massive data breach in 2013 that exposed customer information. The settlement includes a $10 million fund and up to $10,000 per person whose information was breached. Attorney Mark Melodia, the founder of Reed Smith in New York City, says that Target has knowingly misrepresented the terms of its debit card program and lured consumers into purchasing items without ensuring that they will be paid.
The settlement amounts to $10 million, which covers $6.75 million in lawyers’ fees. It could end up being as low as 25 cents for each cardholder whose information was stolen. It will also pay millions of dollars to the owners of Hyundai and Kia cars. The settlement also addresses credit card companies that failed to refund consumers who used a debit card to make a purchase. However, it is unclear whether this settlement will stop the two lawsuits filed against Target.
Synchrony Bank opt-out case is back in Brooklyn district court
The Synchrony Bank opt-out case has made its way back to a Brooklyn district court. This time, the case is involving three women who sued the bank for unpaid work. The women had logged into Synchrony’s phone systems and computers and had started complaints about rude representatives and annoying robocalls. The bank argues that it did not violate the TCPA, but the plaintiffs say they still suffered a great deal.
Regardless of whether you are aware of the law, you may not know how to respond to the Synchrony Bank lawsuit. This is not the time to just ignore the suit and let it go unanswered. The stakes are too high for you to sit on your hands and let the case fall by the wayside. If Synchrony Bank can get a default judgment against you, they can garnish your wages or access your bank accounts without your consent.
TD PDAA and Carolina First Account Agreement are standardized forms, non-negotiable contracts
The TD PDAA and the Carolina First Account Agreement are two standardized forms, non-negotiable contracts that are commonly used in-store debit card lawsuits. These contracts were implemented to generate fee revenue and are therefore unnegotiable. The TD PDAA contains certain standard provisions for a customer to consider when signing up for a debit card account.
The Plaintiffs’ arguments based on generalized theories of unfairness regarding Reg E implementation and the Bank’s treatment of vulnerable customers in the opt-out process are not supported by the evidence. They assert that the Bank deliberately targeted consumers with limited ability to opt out and therefore violated the regulations. However, this assertion is inconsistent with the Financial Institution Letter issued by the Federal Deposit Insurance Corporation to prevent financial institutions from steering customers to opt-in.
American Express settlement rejected by the trial court
In the case of an American Express settlement rejected by the trial court, the defendants were not in agreement on how to resolve the lawsuit. The trial court focused on the benefits of the settlement and how the settlement would affect the airline’s insurance program. Amex asserted that it was attempting to reduce costs for airlines, but the court found that the company was not pursuing substantive change. After the trial court rejected the settlement, Amex filed a successful summary judgment motion.
The trial lasted seven weeks. During the trial, the court heard from four experts and more than 30 fact witnesses and admitted over one thousand exhibits into evidence. In the case, the American Express Division presented testimony from a variety of merchants who claimed to have incurred substantial costs when paying with a credit card. They argued that the credit card industry is broken because the companies don’t allow competition to develop. During the trial, the American Express Division presented evidence of merchant restraints that prevented Discover from competing with American Express.