A class action lawsuit is pending in the U.S. District Court for the Eastern District of New York against Visa, Inc.; Mastercard, Incorporated; American Express, Inc.; and Discover, Inc. (together, the "Defendants"). The case is entitled B&R Supermarket, Inc., et al., v. Visa, Inc., et al., Case No. 17-cv-02738. The lawsuit alleges that Defendants Visa, Mastercard, American Express, and Discover violated antitrust laws by illegally acting in concert in shifting the liability for certain fraudulent charges when a credit or debit card was enabled with EMV/chip technology and the merchant's terminal was not enabled for EMV/chip technology.

The Court has decided this case should proceed as a class action lawsuit on behalf of a group of entities that may include you. The Class consists of merchants who incurred an unreimbursed chargeback on a transaction that occurred between October 1, 2015, and September 30, 2017, due to a shift of liability for certain fraud on Visa, Mastercard, American Express, or Discover transactions when the credit or debit card was enabled with EMV/chip technology and the merchant's terminal was not enabled for EMV/chip technology. Members of the judiciary and government entities and agencies are excluded from being part of the Class.


Your Legal Rights and Options in This Litigation
Action Description
Do nothing. Stay in this case. Await the outcome. Give up certain rights. If you do nothing, you are choosing to stay in the Class and you keep the possibility of getting money or benefits that may be awarded at trial or through this litigation. You will be legally bound by all of the Orders the Court issues and Judgments the Court makes in this litigation. However, if you stay in the case, you give up any rights you may have to sue the Defendants separately for any claims based on the facts and conduct raised by the lawsuit. For more information about the lawsuit, see FAQ 2.
Exclude yourself. Get out of this case. Get no money from it, if any is recovered in the future. Keep any rights you may have to sue on your own. If you ask to be excluded from the Class, you must say in writing that you do not want to be included in this lawsuit and you will not be entitled to any recovery, if any ultimately is awarded. However, you, on your own or through an attorney you hire, may be able to sue the Defendants for any claims based on the facts and conduct raised by the lawsuit. You will not be bound by any past or future rulings against the Defendants in this lawsuit. To exclude yourself, you must send a letter, as described here, stating you want to exclude yourself from the Class, to the following address: FLS Litigation Administrator, P.O. Box 6430, Portland, OR 97228-6430. Your exclusion request must be postmarked no later than August 31, 2022.

Your legal rights are affected whether you act or don’t act. Please review the FAQs page and the Notice carefully.