Who is a Class Member
You are a member of the Subway Credit Card Receipt FACTA class action settlement if you are one of “the cardholders who hold the 2,687,021 unique credit or debit card numbers based on the first six and last four digits of their accounts, whose EMV debit or credit card was used to make a purchase by tapping or inserting the card in a payment terminal at a Subway restaurant that was using a version of Subway Payment Manager that was programmed to print EMV card expiration dates on customer transaction receipts, between January 1, 2016 and March 23, 2017.”
It is important to note that only some Subway locations printed such receipts, and almost all receipts that contained expiration dates were printed in May or June 2016. Therefore, just because you were provided with a receipt for a credit or debit card transaction at a Subway restaurant after January 1, 2016, it does not necessarily mean that you are a Settlement Class Member.
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
- Up to $75
Your share of the Settlement Fund will depend on the number of valid Claim Forms submitted and will be distributed on a pro rata basis. The final payout amount will depend on the total number of valid and timely claims submitted but Plaintiff’s counsel estimates each valid claimant will receive between $50 and $75.
Proof of Purchase
- You will need to provide the 11-digit claim number located on the front of the postcard notice you received.
Subway Credit Card Receipt FACTA Top Class Action Lawsuit Settlement Notes
- Flaum v. Doctor’s Associates Inc.
- Case No. 0:16-cv-61198
- Pending in the U.S. District Court for the Southern District of Florida
This class action lawsuit arises from allegations that Subway violated the Fair and Accurate Credit Transactions Act (or FACTA) by not truncating certain credit card information on receipts. Subway is the largest global fast food restaurant franchise with more than 44,000 locations, 27,000 of which are in the U.S.
Passed in 2003, FACTA law protects consumers from having their credit or debit card information printed on their purchase receipts. The FTC gives an example of what a compliant FACTA credit or debit card receipt should look like:
- ACCT: ***********12345
- EXP: ****
After enactment, FACTA provided three years in which to comply with its requirements, mandating full compliance with its provisions no later than December 4, 2006. However, in June 2016, Plaintiff Shane Flaum purchased items from a Subway restaurant in Pompano Beach, Florida. Flaum paid for the items using his personal Visa debit card at which time he was presented with an electronically printed receipt bearing the full expiration date, along with the last four digits of his card.
In addition to bearing the full expiration date along with the last four digits of the account, the receipt identifies whether the method of payment is a debit card (as opposed to a credit card). All purchases made with a credit or debit card cause to be printed a receipt which also electronically captures and records the store location, transaction date and time, and name of the cashier.
By entering into the settlement, Doctor’s Associates has not conceded the truth or validity of any of the claims against it. Subway restaurants are franchised by Doctor’s Associates. Complete details about the case and settlement are provided on the Subway Credit Card FACTA settlement website.
Class members who wish to object to or exclude themselves from the Subway Credit Card Receipt FACTA settlement must do so by January 22, 2019. Class members who wish to participate in the settlement must submit a claim form on or before January 22, 2019.
- 1/22/19: Claim Form Deadline
- 1/22/19: Objection or Exclusion Deadline
- 3/8/19: Final Hearing at 9:00 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check the settlement website at www.dai-factasettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Flaum v. Doctor’s Associates, Inc., Claims Administrator, P.O. Box 404049, Louisville, KY
- Phone: 1-888-284-3289
- Keith J. Keogh and Michael S. Hilicki of Keogh Law LTD
- Scott D. Owens and Patrick Crotty of Scott D. Owens PA
- Bret Lusskin of Bret Lusskin PA