B&R Supermarket, Inc., et al., v. Visa, Inc., et al., 17-cv-02738
If you are a merchant who incurred an unreimbursed EMV/chip Fraud Liability Shift chargeback on a Visa, Mastercard, American Express, or Discover credit or debit card transaction that occurred from October 1, 2015, to September 30, 2017, you may be a member of a Certified Class.
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.
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