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Case ID: 3144 | Miscellaneous | 03/15/2004
The court has given its final approval to an estimated $1.2 million settlement in an action filed against Cardservice International, Inc. on behalf of merchants who entered into a merchant agreement to use the company’s credit card processing services, and who terminated their merchant agreement with the company at any time between April 1, 1999, and April 30, 2003, and were charged a $300 early cancellation fee. Though eligible persons need take no action at the present time, they should contact the attorneys for the class to assure that they are registered.
The action alleges that the defendants violated California law when they charged merchants an early cancellation fee of $300 upon the merchants’ early termination of their contracts. The lawsuit alleges that since it would cost a merchant less than $300 to perform his entire contract with the company, the fee is unreasonable and constitutes unfair and fraudulent business practice. The settlement establishes two subclasses. The first consists of persons and businesses that were charged the late fee, and who paid all or part of the fee, and who were not refunded the amount paid. The second subclass consists of persons and businesses that were charged the late fee, who did not pay it, and the charge was not waived. For those persons or businesses in the first subclass (entities who actually paid the late fee), Cardservice will pay back 25% of the portion of the $300 that it collected. To receive this payment, class members will have to submit a claim form that may be requested through the class attorneys. Additionally, Cardservice will forgive 25% of the portion of the $300 that was left unpaid. Persons in the second subclass –those who did not pay any of the late fee– will have $75 taken from the amount of their indebtedness to Cardservice. In addition, Cardservices will contact the three major credit bureaus on behalf of both subclasses to report that their accounts reflect the 25% debt reduction. If you have other questions, you may contact the settlement administrator by calling 1-877-205-5341, or by writing to: Cardservice Deke Settlement Administrator The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for March 1, 2004. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Miscellaneous Cases of Interest A class action lawsuit has been filed in federal court against Fedex Home Delivery, Inc. The case was originally filed in the New York state court system but has been removed to the United States District Court at the request of the defendants. The case involves violations of contract law. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A class action has been filed against bank holding company North Country Financial Corporation (Nasdaq: NCFC) and certain of its former officers by stockholders who purchased the company's common stock between November 13, 2000, and April 15, 2003. A class action lawsuit has been filed in the Eastern District Court of Missouri against Bank of America for violations of banking law. Class members seek damages, injunctive relief, attorney's fees and costs of the litigation. A class action lawsuit has been filed in the Northern District Court of Georgia against Brenntag North America, Inc. for violations of property law. Class members seek damages, attorney's fees and costs. A class action lawsuit has been filed on behalf of royalty based mineral rights owners with an interest in certain oil and gas production units in Kansas. The suit alleges that Exxon Mobil Oil Corporation, and certain affiliate and subsidiary companies, have injured the rights of the plaintiffs by deliberately underpaying them on their mineral leases. The suit seeks back payments and other damages for the plaintiffs. Dave & Buster's, Inc., a leading operator of upscale restaurants and entertainment complexes, agrees to the terms of a proposed settlement and plans to settle a class action lawsuit filed on January 20, 2006. The lawsuit opposed the Company's planned merger with an affiliate of Wellspring Capital Management. |
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