Thomas Luca, Jr. v. HBF APU JV, LLC et al

Case No. 21-010733-cz in Third Judicial Circuit Court for the State of Michigan, Wayne County

Frequently Asked Questions

  1. What is this lawsuit about?

    1. Plaintiff alleged that Defendants violated the Fair and Accurate Credit Transactions Act by willfully printing more than five digits of the account numbers associated with class members' credit and debit cards on printed receipts for purchases made at Gordon Biersch, Fountain Bar, and/or Bigalora Wood Fired Cucina restaurants located at the Detroit Metropolitan Wayne County Airport from August 1, 2019 through March 31, 2020.
       
      Defendants deny that they did anything wrong or caused any harm to anyone. Defendants have taken steps to ensure that receipts printed at the Restaurants since March 31, 2020 do not contain more than five digits of credit or debit card numbers.

  2. Why is this a class action?

    1. In a class action, one or more people called Class Representatives sue on behalf of a group (or a "Class") of people who have similar claims.

  3. Why is there a settlement?

    1. The Parties agreed to settle in order to avoid the cost, risk, and delay of litigation and uncertainty of trial.

  4. How do I know if I am a part of the settlement?

    1. You are a Class Member if you fall within the following definition:

      "All United States residents who made a purchase at the Gordon Biersch, Fountain Bar, and/or Bigalora Wood Fired Cucina restaurants located at the Detroit Metropolitan Wayne County Airport from August 1, 2019 through March 31, 2020 with a credit or debit card and received an electronically printed receipt at the point of sale."

       

  5. What can I get from the settlement?

    1. The Settlement provides class members with the opportunity to submit a claim to be eligible to receive a voucher worth $40.

  6. When will I receive these benefits?

    1. You will receive these benefits approximately 20 days after the Operative Date.

  7. I want to be a part of the settlement and receive these benefits. What do I do?

    1. To receive a voucher, you need to complete the claim form, including the attestation under penalty of perjury, at the website or print the claim form from the website and mail it to HBF APU JV, LLC Settlement Administrator, PO Box 23668, Jacksonville, FL 32241. Your online claim form must be completed and submitted by June 20, 2022 or your paper claim form must be postmarked by June 20, 2022. If you do nothing, you will remain a member of the Class, but you will not get any voucher.

  8. What am I giving up to receive these benefits?

    1. By staying in the class, all of the Court's orders will apply to you, and you give all Defendants a "release." A release means you cannot sue or be part of any other lawsuit against Defendants or any of the other persons or entities set forth in the "Release Of Class Members' Clams" paragraph below, concerning the Fair and Accurate Credit Transactions Act claims raised in this Lawsuit. The following release describes exactly the legal claims that you give up:

      Release of Class Members' Claims. As of the Operative Date, and except as to rights or claims created by the Settlement, Plaintiffs and each Class Member who does not timely opt-out of the Settlement forever discharge and release Defendants and their affiliated entities, and their predecessors, successors, assigns, attorneys, accountants, insurers, representatives, parents, partners, officers, directors, stockholders, employees, and agents, and each of them, from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs, and expenses (including but not limited to attorneys’ fees), damages, actions, causes of action, and claims for relief (referred to hereafter collectively as ‘claims’) of whatever kind or nature, under any theory, whether legal, equitable or other, under the law, either common, constitutional, statutory, administrative, regulatory, or other, of any jurisdiction, foreign or domestic, whether such claims are known or unknown, suspected or unsuspected, arising out of, or in connection with the matters or facts alleged or set forth in the Litigation.

  9. How much will the Class Representative Thomas Luca receive?

    1. Defendants have agreed not to oppose a request to pay $2,500 to Plaintiff as an incentive (service) award for being the class representative during the time in which this litigation was pending. This is subject to the Court's approval and will be paid for by Defendants. It will not affect the amount of benefits paid to the Class.

  10. How do I get out of the settlement?

    1. You may exclude yourself from the settlement. If you exclude yourself, you will receive no benefits, you will not be giving up any legal claims you may have against Defendants or any of the other persons or entities set forth in the "Release of Class Members' Clams" paragraph above concerning the Fair and Accurate Credit Transactions Act claims raised in this Lawsuit, and you will not be bound by any orders or judgments of the Court. To be excluded, you must send a letter, postmarked no later than the Deadline June 20, 2022 to all of the following:

      Kelly K. Iverson Carlson Lynch LLP
      1133 Penn Avenue
      Floor 5
      Pittsburgh, PA 15222

      Andrew J. Soven Holland & Knight LLP
      2929 Arch Street
      Philadelphia, PA 19104

      HBF APU JV, LLC FACTA Settlement Administrator
      PO Box 23668,
      Jacksonville, FL 32241

      The letter must include: (a) your full name, address, telephone number, and email address, and (b) specifically state your desire to be excluded as a Class Member in Thomas Luca v. HBF APU JV, LLC et al.

  11. If I exclude myself, do I still receive benefits from this settlement?

    1. No, you will not receive any voucher. You will retain your claims, if any, against Defendants and the other persons and entities set forth in the "Release Of Class Members' Clams" paragraph above, concerning the Fair and Accurate Credit Transactions Act claims raised in this Lawsuit. If you exclude yourself, the time you have in which to file your own lawsuit (called the "statute of limitations") will begin to run again.

  12. Do I have a lawyer in this case?

    1. The Court has appointed Carlson Lynch LLP as Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense. If you choose to hire your own lawyer, he or she must file an appearance by June 20, 2022.

  13. How will the lawyers be paid?

    1. You do not have to pay Class Counsel; they will request that the Court approve an award for attorneys' fees and expenses up to, but no more than $308,000, to which Defendants do not object. These fees and expenses will be paid for separately by Defendants and do not in any way affect the benefits available to Class Members.

  14. How do I object to the Settlement if I do not like it?

    1. If you are a Class Member, you can object to the settlement. In order to object to the Settlement or any part of the Settlement, you must send a written objection, postmarked by the Objection Deadline June 20, 2022, to the Court by mailing it to the Clerk of Court at the Coleman A. Young Municipal Center, 2 Woodward Avenue, Detroit, Michigan 48226 and provide copies of the objection to:

      For the Class: For Defendants: Settlement Administrator:
      Kelly K. Iverson Carlson Lynch LLP
      1133 Penn Avenue
      Floor 5
      Pittsburgh, PA 15222
      Andrew Soven Holland & Knight LLP
      2929 Arch Street
      Philadelphia PA, 19104
      HBF APU JV, LLC
      Settlement Administrator
      PO Box 23668
      Jacksonville, FL 32241

      The objection must include the following information:
      (a)    reference at the beginning to Thomas Luca v. HBF APU JV, LLC et al., Case No, 21-010733-CZ, Wayne County Circuit Court, State of Michigan;
       
      (b)    the objector's full name, home address, and telephone number;

      (c)    a written statement of all grounds for the objection, accompanied by any legal support for such objection;

      (d)    copies of any papers, briefs, or other documents upon which the objection is based;

      (e)    a list of all persons who will be called to testify in support of the objection; and

      (f)    a statement of whether the objector intends to appear at the Fairness Hearing (defined below). If the objector intends to appear at the Fairness Hearing through counsel, the objection must also state the identity of all attorneys representing the objector who will appear at the Fairness Hearing.

  15. Where and when is the final hearing?

    1. The Court will hold a fairness hearing on July 22, 2022, at 9:00 a.m. in Courtroom No. 921 located at Coleman A. Young Municipal Center, 2 Woodward Avenue, Detroit, Michigan 48226. The purpose of the hearing will be for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the class and to determine the appropriate amount of compensation for the Class Counsel. At that hearing, the Court will be available to hear any objections which were timely and properly submitted (explained above in answer to Question No. 14) and arguments concerning the fairness of the proposed settlement. The hearing may be postponed to a later date without notice. You are not required to attend this hearing.

  16. How can I get more information?

    1. Additional information about the case and the Settlement can be found in the following documents: the Complaint, the Settlement Agreement and the Motion For Preliminary Approval, which are all available at https://www.hbf-factasettlement.com/page/docs.