If you made a purchase or other transaction with your credit card or debit card at any of the Philips Arena Hawks Shops at any time during the period August 1, 2014 to January 24, 2016, a proposed class action settlement may affect your rights and you may be entitled to benefits.
What’s This About and Who’s Included?
A class action lawsuit has been filed against Atlanta Hawks, L.P. (“Hawks”). The lawsuit alleges that Hawks willfully violated a federal law by printing credit card and debit card expiration dates on receipts provided to customers at the Philips Arena Hawks Shops. The law which Hawks is alleged to have violated is the Fair and Accurate Credit Transactions Act (“FACTA”).
What is a Class Action?
In a class action, one or more people called Class Representatives sue on behalf of a group of people (referred to as the Class) who have similar claims. One court resolves the issues for all of the people who are a part of the Class (referred to as Class members), except for those people who exclude themselves from the Class.
Am I a Class Member?
You are a Class member if you are an individual who made a purchase or other transaction at any of the Philips Arena Hawks Shops (located at One Philips Drive, Atlanta, Georgia 30303) with your personal credit card or debit card at any time during August 1, 2014 to January 24, 2016.
What Is Being Sought By This Lawsuit?
The lawsuit seeks to recover statutory damages in the range of $100-$1,000 for each electronically printed customer receipt provided to Class members on which receipt their credit card or debit card expiration date was printed. The lawsuit also seeks other remedies such as attorneys’ fees and costs. The Court has not yet decided in favor of either the Class or Hawks.
Why Am I Receiving This Notice?
Judge Paige Reese Whitaker, who is presiding over this lawsuit (entitled Moskowitz, v. Atlanta Hawks, L.P., Fulton County Superior Court, State of Georgia, Case No. 2017CV288354), approved a proposed class settlement. If you are part of the Class, your legal rights will be affected by this settlement unless you decide to exclude yourself. The Court authorized this notice to inform Class members about this settlement and their options.
Do I Have a Lawyer in the Case?
The Court appointed Chant Yedalian of Chant & Company A Professional Law Corporation and Charles A. Gower Jr. and Shaun P. O’Hara of Charles A. Gower PC to represent you and other Class members, as Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
What Are My Options?
If you are a Class member, you have the following options: (1) remain in the Class and submit a claim for up to a $100 payment; (2) do nothing and do not receive any payment from this settlement but remain in the Class; (3) exclude yourself from the Class and settlement; (4) remain in the Class and object to the settlement; (5) remain in the Class and ask the Court for permission to speak at the fairness hearing. If you remain in the Class, you will be bound by all of the Court’s orders and judgment. Staying in the Class also means that you can’t sue or be part of any other lawsuit against the Hawks and certain other persons or entities about the issues involved in this lawsuit and settlement. You will not be responsible for any out-of-pocket costs or attorneys’ fees concerning this lawsuit if you stay in the Class. If, however, you would like to exclude yourself from this lawsuit and settlement, you must send a request for exclusion postmarked no later than February 8, 2018. For further information about this lawsuit and settlement and your options, you may visit the website or call the toll-free number listed below.