If you made a purchase at a Safeway gas station using a credit card or debit card between September 12, 2017 and February 26, 2019, you may be entitled to benefits under a class action settlement.
A Court authorized this Notice. This is not a solicitation from a lawyer.
Plaintiff alleges Safeway Inc. (“Safeway”) printed receipts for credit or debit card transactions at its gas stations that displayed the first six (6) and the 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”). The Safeway grocery stores did not print this violative information, and this Settlement is limited to transactions at Safeway’s gas stations. Safeway 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 Safeway. By entering into the Settlement, Safeway has not conceded the truth or validity of any of the claims against it.
Safeway has agreed to pay $20,000,000 (the “Settlement Fund”) in full and final settlement and release of the claims of the Settlement Class defined as persons who between September 12, 2017 and February 26, 2019 engaged in one or more transactions using a debit card or credit card at any Safeway fuel location, and was thereupon provided an electronically printed receipt displaying the first six (6) and the last four (4) digits of the credit or debit card number used in connection with such transaction(s). "Safeway fuel location” includes fuel stations operated by Safeway or operated under any of the following banners affiliated with Safeway: Albertsons; Acme; Carrs; Randalls; Jewel; Tom Thumb; and Vons.
Not all Safeway gas locations were printing violative receipts during the entire class period, and none of the Safeway stores were printing violative receipts.
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 attorneys' fees of $8,000,000 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.
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 April 4, 2022, you will receive a payment and will give up your rights to sue Safeway and/or any other released parties (“Safeway 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 Martin v. Safeway Claims Administrator, P.O. Box 43051, Providence, RI 02940-3051 or by calling 1-844-926-1533. 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 Safeway or any other Safeway Releasee on your own in the future. The deadline for excluding yourself is April 4, 2022.
|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 under the Frequently Asked Questions tab of this webiste (“How do I tell the Court that I do not think the Settlement is fair?”). The deadline for objecting is April 4, 2022. 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 Safeway or any other Safeway 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 Safeway or any other Safeway 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 Question 21 no later than April 4, 2022.|