UCLA FACTA Settlement

Cindy Fernandez et al. v. The Regents of the University of California
Superior Court, State of California Case No: BC656256

Welcome to the UCLA FACTA Settlement Website

IF YOU MADE A DEBIT OR CREDIT CARD TRANSACTION ON THE UNIVERSITY OF CALIFORNIA, LOS ANGELES CAMPUS (“UCLA”), AND OBTAINED A RECEIPT FROM A CAMPUS STORE OR FOOD COMMONS OPERATED BY THE ASSOCIATED STUDENTS OF THE UCLA (THE “ASUCLA”), OR FROM THE RONALD REAGAN MEDICAL CENTER CAFETERIA OR THE SANTA MONICA HOSPITAL CAFETERIA, BETWEEN FEBRUARY 10, 2012 AND OCTOBER 10, 2016: YOU MAY BE ENTITLED TO MONETARY RECOVERY

There is now pending in the Superior Court for the State of California in and for the County of Los Angeles (“Court”) a lawsuit entitled Cindy Fernandez, on behalf of herself and all others similarly situated v. The Regents of the University of California, Case No. BC656256 (the “Lawsuit”), which involves allegations that the ASUCLA and the cafeterias at the Ronald Reagan Medical Center and the Santa Monica Hospital (collectively, “Defendant”, or the “University”) printed transaction receipts which contained more than the last five digits of its customers’ personal, individual credit or debit cards, in violation of federal law. The time frame involved is February 10, 2012 through October 10, 2016. The University has denied and continues to deny any liability, and there has been no finding that the University has violated any laws.

THE CLASS

You may be a Class Member, and a proposed class action settlement (the “Settlement”) could affect your legal rights if, through use of a machine used by Defendant at particular locations, you were provided with one or more electronically printed receipts at the point of a sale or transaction on which more than the last five digits of your personal, individual credit or debit card was printed.

You may be a member of Subclass A if you obtained one or more receipts from the ASUCLA food commons displaying the first six and last four digits of your personal, individual credit or debit card (the “6/4 Receipts”) between August 1, 2015 and October 10, 2016.

You may be a member of Subclass B if you obtained one or more receipts displaying the first digit and the last four digits of your personal, individual credit or debit card (the “1/4 Receipts”) between February 10, 2012 and July 25, 2016, from the ASUCLA campus stores, the Ronald Reagan Medical Center cafeteria, or the Santa Monica Hospital cafeteria.

If you qualify to be a member of the Settlement Class, you may be entitled to recover compensation from the Settlement.

THE ACTION AND THE SETTLEMENT

This class action arose out of allegations that the University failed properly to redact credit or debit card numbers on receipts it provided to customers between February 10, 2012 and October 10, 2016. Representative Plaintiff Cindy Fernandez (“Representative Plaintiff”) alleged in the Lawsuit that Defendant acted willfully in printing more than the last five credit card or debit card digits on customer receipts, in violation of the Fair and Accurate Credit Transactions Act (15 U.S.C. §§ 1681c(g)). Representative Plaintiff sought fixed damages under the applicable laws, injunctive relief, punitive damages, and an award of attorneys’ fees and costs.

Defendant has denied liability, advanced defenses, and disputes the factual and legal allegations and claims set forth in the Lawsuit. However, the parties have nonetheless decided to negotiate a settlement of this action in order to avoid the burden, expense, and uncertainty of further litigation. Further, the parties, after a thorough investigation of the facts and applicable law concerning all claims and defenses, have agreed that the proposed settlement is in the best interest of all Class Members and that the proposed settlement is fair, reasonable and adequate.

Without admitting liability, Defendant has agreed to fund a settlement package to resolve all claims in the Lawsuit, as follows:

  1. For the members of Subclass A, Defendant will provide $400,000 to the Settlement Administrator for the establishment of an interest-bearing Settlement Fund. Each qualified claimant who has submitted a timely Subclass A Claim Form with the required Subclass A Supporting Documentation is eligible to receive a one-time payment from the Settlement Fund of up to $50, depending on the total number of qualified claims submitted. In the alternative, qualified Subclass A claimants may elect to receive a transferable Settlement Certificate, which can be used at one of seven ASUCLA campus store locations (the “Campus Store Locations”) for a value of up to $20, depending upon the total number of qualified claims submitted, for a period of up to 365 days from the date of issuance.
  2. For the members of Subclass B, Defendant has agreed to provide Settlement Certificates. Each qualified claimant who has submitted a timely Subclass B Claim Form with the required Subclass B Supporting Documentation is eligible to receive a transferable Settlement Certificate, which can be used at one of seven Campus Store Locations for a value of up to $20, depending upon the total number of qualified claims submitted, for a period of up to 365 days from the date of issuance. The maximum aggregate value of Settlement Certificates issued will be $450,000.
  3. A Class Representative Enhancement Payment to the Class Representative, not to exceed $5,000.00, for her services in bringing the Lawsuit on behalf of Class Members, as awarded by the Court. Any enhancement payment shall be paid by Defendant separate and apart from the Settlement Fund and Settlement Certificates paid to Class Members.
  4. Up to $280,000.00 in attorneys’ fees and costs payable to Class Counsel for their efforts and expenses incurred in litigating this matter on behalf of Class Members, as awarded by the Court. Any attorneys’ fees and costs payable to Class Counsel shall be paid by Defendant separate and apart from the Settlement Fund and Settlement Certificates paid to Class Members.
  5. In addition to these amounts, Defendant shall separately pay all costs associated with notice and settlement administration.

The value of any unclaimed portion of the Settlement Fund, including uncashed checks, and any unclaimed Settlement Certificate value, shall be promptly expended to support projects or activities at UCLA consistent with the objectives and purposes of FACTA. Class Counsel and Defendant will work together to identify mutually acceptable projects or activities and will describe the categories of such projects or activities to the Court in connection with the Motion for Final Approval of this Settlement.

Further details about allocation of the settlement proceeds are set forth in the Second Amended Joint Stipulation of Settlement and Release, available in the Settlement Documents.

FINAL JUDGMENT AND RELEASE OF ALL CLAIMS

If the Court approves the proposed settlement, it will enter a final judgment in the action on the merits as to all Class Members who do not request to be excluded from the Settlement Class. All Class Members who do not validly and timely request to be excluded from the proposed settlement shall be subject to a binding that ends the litigation. All such Class Members shall be forever barred from prosecuting their own lawsuits and shall be deemed to have released Defendant from any and all claims which were alleged in, or which arise from the facts alleged in, the Lawsuit.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM The only way to get a payment or Settlement Certificate.
EXCLUDE YOURSELF Get no payment or Settlement Certificate. This is the only option that allows you to ever be part of any other lawsuit against the Defendant or the other Released Parties about claims arising from the facts alleged in the Complaint.
OBJECT State why you don’t like the settlement, in writing.
GO TO A HEARING Ask to speak in Court about the fairness of the settlement.
DO NOTHING Get no payment or Settlement Certificate. Give up rights.

To learn more about the terms of the proposed settlement, your options, and how your legal rights may be affected, please review the Detailed Notice, Settlement Documents and answers to the Frequently Asked Questions provided on this website.