Customers of RadioShack should be aware of Redman, et al. v. RadioShack Corporation, Case No. 11-C-6741, a class action lawsuit filed in the Federal District Court for the Northern District of Illinois. In the lawsuit, RadioShack customers allege that RadioShack stores unlawfully printed their credit card information on purchase receipts in violation of the Fair and Accurate Credit Transactions Act (“FACTA”). FACTA is a federal law, enacted to combat identity theft, which requires that certain credit card information must not be printed on receipts. RadioShack and the plaintiffs in the lawsuit, representing a class of RadioShack customers, have agreed to settle the lawsuit. Under the terms of the proposed settlement, which has not yet been approved by the court, each class member would be eligible to obtain a RadioShack Voucher worth $10.00 at any RadioShack store. For details regarding the settlement, visit http://www.shacksettlement.com.
This nationwide settlement may restrict your rights to sue RadioShack on your own behalf for any harm from RadioShack’s alleged FACTA violations. If you do not agree to the settlement, therefore, you may also opt out of the settlement, intervene in the case, or object to the settlement if you think it is unfair. Instructions for doing so are included in the class Notice, which is available at http://www.shacksettlement.com/docs/notice.pdf.
RadioShack customers receiving the Notice should be aware that FACTA provides for potentially greater recovery than the value of the $10 voucher offered in the settlement. If RadioShack violated FACTA by printing unlawful credit card information on your receipt and you were actually harmed as a result—for example, through identity theft—FACTA allows you to recover your actual damages and attorney fees, from RadioShack. If RadioShack violated FACTA willfully, even if no harm resulted, each affected RadioShack customer would be entitled to statutory damages of $100 – $1,000 per violation. RadioShack customers who wish to pursue their own claims against RadioShack should opt out of the settlement. If you are affected by this settlement, you must take action by August 27, 2013.
DCA is not involved in the litigation of the Redman v. RadioShack case, but is experienced in consumer class action litigation and is assisting in the dissemination of the above settlement notice as a courtesy to Michigan consumers. DCA advises clients regarding consumer class actions and proposed settlements. Call us today to set up an appointment if you were harmed by a widespread business practice you suspect may be unlawful, or if you have questions about a settlement notice you have received in another case.