Primary plaintiff Henry Lee alleges defendant Buth-Na-Bodhaige Inc. has produced credit and debit card receipts that present more than the last five digits of customer card numbers. The defendant owns and operates The Body Shop stores, where all of the revealing receipts were generated. Lee insists The Body Shop has violated a federal law that restricts the credit information that can display on a retail credit card receipt.
Lee’s assertion is backed by the Federal Fair and Accurate Credit Transactions Act (FACTA). The groundbreaking consumer protection law was created to prevent credit fraud and identity theft by prohibiting businesses from printing debit and credit card receipts that display the cards expiration dates, as well as more than five of the credit card account numbers.
Lee filed the original class action lawsuit with plaintiff Shane Flaum. The class action litigants did not receive a settlement, so the court split the joint class action lawsuit into individual class action lawsuits. Flaum’s class action lawsuit remains pending in a Florida court. Under the terms that Lee agreed to, The Body Shop does not have to admit legal liability
What You Need To Know
The Body Shop customers that made purchases with a credit or debit card between Feb. 12, 2011 and March 21, 2017 might be eligible to receive benefits under the Lee class action settlement. Eligible class members must have received an “electronically-printed receipt that displayed more than the last five digits of the purchaser’s credit or debit card number.” The potential award is a $12 gift card for use at any The Body Shop store. Class members that receive a settlement notice do not need a proof of purchase receipt to receive the gift card. If you did not receive a settlement notice, you must submit a claim from and a copy of the qualifying The Body Shop debit or credit card receipt.
The deadline for filing a claim form is July 12, 2017. Formally referred to as Henry Lee v. Buth-Na-Bodhaige Inc. d/b/a The Body Shop, Case No. 1:16-cv-01104-LTS, in the U.S. District Court for the Southern District of New York, the class action settlement has a final hearing date of August 11, 2017. Refer to the class action settlement website www.TheBodyShopFACTASettlement.com to learn about the deadline for opting out of the settlement or contesting one of more sections of the class action agreement.
Class counsel consists of Joshua C. Dickinson and Bryant T. Lamer from the law firm Spencer Fane LLP, as well as Robert L. Lash representing Hur & Lash LLP. Jeremy White and Kerry Alan Scanlon of McDermott, Will & Emery comprise the defense counsel for the case.
