RadioShack defends against allegations in two putative class actions involving Fair and Accurate Credit Transactions Act
Client(s) RadioShack Corporation
Jones Day represented RadioShack Corporation ("RadioShack") in consolidated class actions filed respectively in September and October, 2011. The plaintiffs alleged that RadioShack willfully violated provisions of the Fair and Accurate Credit Transactions Act of 2003 ("FACTA"), which amended the Fair Credit Reporting Act, by displaying the expiration dates of customer credit or debit cards on electronically-printed transaction receipts. The plaintiffs sought to certify a nationwide class of approximately 16 million customers that would include all persons that received allegedly non-compliant receipts. The potential exposure on a finding of willfulness ranged from $100 to $1,000 per receipt.
On May 29, 2013, the court preliminarily approved a nationwide class action settlement, under which class members would release all claims in exchange for a right to receive up to a $10 RadioShack settlement voucher, redeemable in store or online for a period of six months. The settlement amount to be paid by RadioShack, which includes attorneys' fees and costs of notice and administration, is capped at $5.35 million. A final approval hearing was on September 17, 2013 and we are awaiting the court's decision.
Redman v. RadioShack Corp., Case No. 11-cv-6741 (N.D. Ill.); Aliano v. RadioShack Corp., Case No. 11-cv-7819 (N.D. Ill.)