Frequently Asked Questions
Spanish Version: Para leer las preguntas con frecuencia hechas en español, chascar aquí.
The Court granted final approval of the settlement in a Memorandum and Order, dated October 22, 2009, and, on November 4, 2009, the Court entered a Final Judgment and Order of Dismissal in this case. Eleven appeals have been filed challenging the Court's approval of the settlement. The parties are litigating these appeals before the United States Court of Appeals for the Second Circuit. Please visit the "Documents" webpage on this website to obtain a copy of the Memorandum and Order and other documents concerning the settlement.
The issuance of refund checks for valid timely claims will not commence until after the appeals are resolved (in favor of the Court-approved settlement), and the Settlement Administrator has validated the claims.
Any claim form post-marked after May 30, 2008 will be deemed untimely and, pursuant to the Court's October 22, 2009 Order, will be disallowed. Due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or "pro-rated").
The United States District Court has approved the settlement claims procedures described on this website and the information provided in the following Frequently Asked Questions (or "FAQs") concerning the submission of claims, opt-out requests and objections is retained for reference.
- Can I submit estimated yearly foreign transactions for years where my records are either incomplete or I no longer have statements to support my transactions?
- What is this lawsuit about?
- What is the status of this litigation?
- What is the plaintiffs' position in the lawsuit?
- Who are the defendants?
- What is the defendants' position in the lawsuit?
- What time period is covered by the settlement?
- Who is affected by this settlement?
- What is the settlement?
- What are the amounts of foreign transaction fees estimated to be covered by the settlement?
- Do I need to hire a lawyer?
- I received a notice; am I being sued?
- I did not receive a notice. Does that mean I am not a member of the class?
- Am I a member of the settlement class?
- How can I get a copy of the notice?
- How will the settlement affect my rights if it is approved?
- What are my options?
- What do I need to do to ask for a refund?
- How do I obtain a claim form?
- Who may submit a claim?
- What if my charge was on a corporate or government agency card?
- Do I have to include my account number?
- How do I complete the claim form?
- Do I need to provide any documentation with my claim?
- Can I get a copy of my bank statement?
- Do I need to list the dates of my foreign transactions?
- Will my claim be audited?
- May I submit more than one claim?
- How will the amount of my refund be determined?
- Who will determine the amount to be refunded to me?
- What if I think the amount of my refund is incorrect or my claim is rejected?
- When will I get my refund?
- How will my refund be paid?
- What if my address changes?
- How can I opt-out of the settlement?
- Where can I obtain the opt-out form letter?
- May I opt-out over the phone?
- Can I submit estimated yearly foreign transactions for years where my records are either incomplete or I no longer have statements to support my transactions?(top)First a reminder: Pursuant to the Plan of Administration and Distribution, paragraph 5(g), Exhibit H, to the Stipulation and Agreement of Settlement, the Bank Defendants shall provide, free of charge, your monthly billing statements, if retrievable electronically, to any Settlement Damages Class Member who request these statements to substantiate his or her claim form. If you are a customer of Household/HSBC or Providian/Washington Mutual, you should contact the Settlement Administrator for your electronically retrievable transaction records.
If you decide to file for Refund Option 3 you need to list the amount of foreign transactions by year. If your records remain incomplete and you are unable to obtain them from your bank, you may calculate yearly foreign transactions using estimates. You should calculate these estimates based on reasonable daily or monthly spending, documented, where possible, by a travel journal or some other proof of your travel or your living arrangements outside of the United States. Although you do not need to submit any documentation with your claim form, you should retain the supporting materials, along with a written explanation of the methodology used to determine the estimates listed on your claim form, in case your claim is designated for audit by the Settlement Administrator. - What is this lawsuit about?(top)In this case (In re Currency Conversion Fee Antirust Litigation, MDL No. 1409 (the “MDL Action”), Plaintiffs challenge the setting and disclosure of markups and fees imposed on transactions made in a foreign currency or a foreign country. Foreign transactions made on any of the following cards are included in this lawsuit: Visa- and MasterCard-branded credit cards (including charge cards) and debit/ATM cards (including stored value and payroll cards), and Diners Club-branded credit cards (including charge cards). The Visa-branded cards include Visa-, Interlink-, and Plus-branded credit and debit/ATM cards; the MasterCard-branded cards include MasterCard-, Cirrus-, and Maestro-branded credit and debit/ATM cards. The lawsuit involves the following types of transactions: purchases, cash advances, cash withdrawals and internet transactions.
This website is intended to provide information responsive to most questions. Details are provided below regarding who you should contact if you have questions about this case which are not answered here. Please do not contact the Court, the Defendants, or your bank with questions about this case which are not answered here. - What is the status of this litigation?(top)The information below is subject to change. Please check back for updated information.
On July 20, 2006, the parties to the lawsuit entered into the Stipulation and Agreement of Settlement" & FileSize("/documents/mdl_1409_settlement_agreement_1384141.pdf") & " (the "Settlement Agreement"). On November 8, 2006, the Hon. William H. Pauley III, United States District Court Judge for the Southern District of New York, entered an Order preliminarily approving the Settlement Agreement (the "Preliminary Approval Order") and an accompanying Memorandum and Order. The Settlement Agreement is still subject to final approval by the Court.
On November 14, 2006, Bernd Bildstein, plaintiff in Bildstein v. MasterCard International Incorporated, No. 03 Civ. 9826 (SDNY, NY) (WHP), a case coordinated with the MDL Action, filed a Notice of Appeal from the grant of preliminary approval and on or about November 22, 2006, he filed his Pre-Argument Statement.
Notice to class members of the settlement commenced in January 2007. Notice includes mailed notices sent to individual cardholders, mailed notices sent to corporate and government agency cardholders, and publication notice. Notices may be mailed separately or included with a credit or debit card statement.
The Court has set a deadline of May 30, 2008, to file claims for a refund.
The Court has set a deadline of February 14, 2008 to exclude yourself from the settlement by submitting the "opt-out" form letter.
The Court has set a deadline of February 14, 2008 to object to the settlement.
A hearing to finally approve the settlement is scheduled to take place before the Hon. Judge Pauley on November 2, 2007 at 10:00 a.m. at the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, N.Y., 10007. - What is the plaintiffs' position in the lawsuit?(top)The representative Plaintiffs in the MDL Action challenge how the prices of credit and debit/ATM card foreign transactions were set and disclosed, including a claim that Visa, MasterCard, their member banks, and Diners Club conspired to set and conceal markups and fees, typically of 1-3%, on foreign transactions. The Plaintiffs also claim that the amount of these markups and fees and the alleged failure to adequately disclose them violated federal and state antitrust, disclosure, unfair competition, deceptive practices, and consumer protection laws, as well as common law and principles of equity. For more detailed information about the Plaintiffs' claims, please review the Third Amended Complaint.
- Who are the defendants?(top)The Defendants are: Visa, MasterCard, Bank of America, Bank One/First USA, Chase, Citibank, Diners Club, HSBC/Household, MBNA and Washington Mutual/Providian, as well as certain affiliated and predecessor companies.
- What is the defendants' position in the lawsuit?(top)Defendants deny the Plaintiffs' claims and contend that their markups and fees were properly established and disclosed. They have chosen to settle this case to avoid the inconvenience, expense and uncertainty of litigation.
- What time period is covered by the settlement?(top)February 1, 1996 through and including November 8, 2006.
- Who is affected by this settlement?(top)Any person who held a Visa-, MasterCard- or Diners Club-branded credit, charge or debit/ATM card issued in the United States as of November 8, 2006 is a member of the Settlement Injunctive Class. Those persons who made a foreign transaction on at least one of those cards between February 1, 1996 and November 8, 2006 are members of the Settlement Damages Class. Only members of the Settlement Damages Class may seek refunds by submitting a claim. If you are only a member of the Settlement Injunctive Class because you did not make a foreign transaction between February 1, 1996 and November 8, 2006, you will still benefit from the settlement, which requires certain disclosures to cardholders concerning the rate used to calculate the U.S. dollar amount owed for a foreign transaction and any fees applied in connection with a foreign transaction.
- What is the settlement?(top)Defendants have created a settlement fund of $336,000,000 to pay valid claims, attorneys' fees and expenses, any service awards to class representatives ordered by the Court, and the costs of administering the settlement and notice. This settlement also includes certain agreements relating to disclosures on billing statements and other documents about foreign transaction pricing (including foreign transaction fees). For more detailed information about the settlement, please review the Settlement Agreement.
- What are the amounts of foreign transaction fees estimated to be covered by the settlement?(top)Plaintiffs estimate that the maximum total amount of foreign transaction fee revenues covered by the settlement is approximately $3.8 billion after reductions for fraud and for defaults on credit card obligations. This $3.8 billion amount includes relevant fees paid on both credit and debit card transactions by members of the Settlement Damages Class from February 1, 1996 through November 8, 2006. The $336 million gross settlement fund represents approximately 9% of the maximum total amount of foreign transaction fees so estimated.
The amounts of foreign transaction fees involved in the litigation could be significantly lower than $3.8 billion if the case were not settled and proceeded to trial. The proposed Settlement Damages Class is larger than the damages class sought by Plaintiffs in the underlying litigation. Furthermore, the amounts of foreign transaction fees involved in that litigation depend upon a variety of factors, including appeals before the United States Court of Appeals for the Second Circuit (which appeals have been stayed subject to final approval of the settlement). For example, the trial court in this matter ruled that many cardholders would be required to arbitrate their claims instead of pursuing them in court. Both the Plaintiffs and Defendants appealed this ruling, and those appeals were pending at the time of the settlement. An appellate order upholding the trial court's ruling would remove from the litigation a substantial portion of the foreign transaction fees described above. And an appellate court order in Defendants' favor could remove even more, or substantially all, of the foreign transaction fees from the litigation and require those cardholders to pursue their claims only in arbitration.
In addition, there is disagreement between the parties as to what portion, if any, of the amounts of foreign transaction fees involved would constitute damages in the litigation even if the case proceeded and Plaintiffs won at trial. Defendants maintain that they did nothing wrong, unlawful or improper and therefore there is no liability. They also say that even if Plaintiffs proved liability, damages would be sharply limited or eliminated altogether by a number of factors including, without limitation, the prices that would have prevailed in the marketplace in the absence of the challenged conduct, the benefits provided to cardholders, Defendants' costs, and Defendants' changed business practices. Plaintiffs contend that, even accounting for Defendants' changed business practices and purported costs and benefits to cardholders, the potential damages are as high as the total amount of foreign transaction fees collected. - Do I need to hire a lawyer?(top)The Court has appointed the lawyers listed below to represent class members. You do not have to hire your own lawyer. But you can if you want to, at your own cost.Merrill G. Davidoff
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103
Bonny E. Sweeney
Coughlin Stoia, Geller, Rudman & Robbins, LLP
655 West Broadway, Ste. 1900
San Diego, CA 92101 - I received a notice; am I being sued?(top)No.
- I did not receive a notice. Does that mean I am not a member of the class?(top)Any person who held a Visa-, MasterCard- or Diners Club-branded credit, charge or debit/ATM card issued in the United States as of November 8, 2006 is a member of the Settlement Injunctive Class. Those persons who made a foreign transaction using a Visa-, MasterCard-, or Diners Club- branded credit, charge or debit/ATM card between February 1, 1996 and November 8, 2006 are members of the Settlement Damages Class.
- Am I a member of the settlement class?(top)Any person who held a Visa-, MasterCard- or Diners Club-branded credit, charge or debit card issued in the United States as of November 8, 2006 is a member of the Settlement Injunctive Class. Those persons who made a foreign transaction using a Visa-, MasterCard-, or Diners Club- branded credit, charge or debit card between February 1, 1996 and November 8, 2006 are members of the Settlement Damages Class.
- How can I get a copy of the notice?(top)You may obtain a copy of the notice by clicking on the following link Notice or by calling 1-800-945-9890.
- How will the settlement affect my rights if it is approved?(top)If the settlement receives final court approval and you are a member of the Settlement Injunctive Class, you will be bound by the settlement. If you are a member of the Settlement Damages Class and do not opt out, upon final court approval, you will be bound by the settlement and will release all claims, known or unknown, against each of the Defendants, each of the Visa and MasterCard member banks, and the related entities and individuals of each of the above, (1) which in whole or in part arise out of or relate to any Foreign Transaction, or the disclosure or pricing thereof, up to November 8, 2006, including, without limitation, any and all claims that are based in whole or in part on any act, agreement, conduct or omission up to November 8, 2006 that has or had, and/or allegedly has or had, the purpose or effect of fixing, inflating, embedding, concealing, or inadequately disclosing the nature, pricing, or any other aspect of any Credit Card Foreign Transaction or Debit Card Foreign Transaction (including, but not limited to, Foreign Transaction Fees, Base Exchange Amounts, and/or any component of either), or (2) which are, have been, or could have been asserted within the scope of the facts asserted in the Litigation. For more information about this release, including certain limitations and defined terms, see the Settlement Agreement. And for more information about the facts that were asserted in the litigation, please see the Third Amended Complaint and other litigation materials available on the website. Or call 1-800-945-9890.
- What are my options?(top)If you made a transaction (purchase, cash advance, cash withdrawal or internet transaction) in a foreign currency on a Visa-, MasterCard- or Diners Club-branded credit, charge or debit/ATM card issued in the United States at any time from February 1, 1996 to November 8, 2006, you may be a member of the Settlement Damages Class. Members of the Settlement Damages Class may (1) ask for a refund and/or object to the settlement, OR (2) request to be excluded from the settlement. If you do not request to be excluded from the settlement, you will be bound by the settlement and you will release certain claims against the Defendants.
If you held a Visa-, MasterCard- or Diners Club-branded credit, charge or debit/ATM card issued in the United States as of November 8, 2006, you are a member of the Settlement Injunctive Class. If you are not also a member of the Settlement Damages Class, you may not ask for a refund or request to be excluded from the settlement. You may, however, object to the settlement.
Please note the following deadlines:- Deadline for asking for a refund: 11:59 p.m. Eastern Time, May 30, 2008 (deadline for filing on-line, for post-marking your mailed claim form, or for faxing your claim form).
- Deadline for asking to exclude yourself from the class: 11:59 p.m. Eastern Time, February 14, 2008 (deadline for post-marking your mailed opt-out form, or for faxing your opt-out form)
- Deadline for objecting: February 14, 2008
- What do I need to do to ask for a refund?(top)You need to complete and submit a claim form prior to the deadline, either on-line at www.ccfsettlement.com/claim, or by mailing or faxing in the form.
- How do I obtain a claim form?(top)In one of two ways:
- The quickest way to obtain a claim form is to click here or
- Call 1-800-945-9890.
- Who may submit a claim?(top)You may submit a claim if you made a foreign transaction between February 1, 1996 and November 8, 2006 with a U.S.-issued Visa-, MasterCard-, or Diners Club-branded card. Only the primary card holder (the person who is primarily responsible for payment) on an account may submit a claim. If you choose to submit a claim, you may do so only once.
- What if my charge was on a corporate or government agency card?(top)If your charge was on a corporate card, you must verify with your employer that no other claim (or opt-out letter) will be filed for this account. If no other claim or opt-out letter will be filed for this account, you may submit a claim. Your account number must be included on your claim.
You may file a claim for charges on government agency cards only if you have been authorized by the government agency to do so. If you are authorized to file a claim, your account number must be included on your claim. - Do I have to include my account number?(top)I received a pre-printed form in the mail and still have that form:
We recommend that you use one of the claim forms that you have recently received in the mail. However, you may use the earlier claim form if you wish. You do not need to include your account number if you have the pre-printed form you received in the mail and have chosen Refund Options 1 or 2.
You must include your account number if you are filing a claim for charges on Refund Option 3, if your claim is for a corporate card (if your employer is not submitting a claim or opting-out) or, if you are authorized by your employer to submit a claim on a government agency card. If you do not have your account number for a personal account (only), you may provide the last four digits of your social security number, and your refund may be reduced.
I do not have a pre-printed form:
For individual claims, you must provide information for ONE of your eligible cards if you choose either Refund Option 1 or Refund Option 2. You will also be required to provide the last four digits of your social security number.
You must include your account number if you are filing a claim for charges on Refund Option 3, if your claim is for a corporate card (if your employer is not submitting a claim or opting-out) or, if you are authorized by your employer to submit a claim on a government agency card. If you do not have your account number for a personal account, you may provide the last 4 digits of your Social Security number instead, however, your refund may be reduced if you do not provide your account number because the Settlement Administrator may not be able to verify the full amount of your refund. - How do I complete the claim form?(top)Please make sure that any claim form sent via mail is addressed to:Settlement AdministratorClaim forms should NOT be submitted to any other address.
P. O. Box 290
Philadelphia, PA 19105-0290
There are three Refund Options to choose from. Refund Option 1 is an Easy Refund of $25 and is recommended if you travel outside of the U.S. for less than one week or had foreign transactions of less than $2,500 using your eligible cards during the class period. Refund Option 2 is a Total Estimation Refund that is based on typical spending during travel and answers to the few questions listed on the claim form. This option is recommended if you traveled outside the U. S. for more than one week or had foreign transactions of more than $2,500 using your eligible cards during the class period. Refund Option 3 is the Annual Estimated Refund option. It is recommended if you had extensive foreign travel or foreign transactions and are willing to provide year-by-year information. Please note that if the volume of claims is unexpectedly high, it may be necessary to adjust the refund amounts.
For the electronic version of the claim form, follow the directions provided with each of the three forms. For the hard copy form, fill in the information as follows:
Refund Option 1:- Part 1: Verify the name and address pre-printed on the form (if applicable). Make any necessary corrections in the boxes provided or fill in your name and address.
- Part 2: Read Part 2, then sign and date the form, and mail it to:
Again, please make sure that any claim form sent via mail is addressed to:Settlement AdministratorClaim forms should NOT be submitted to any other address.
P. O. Box 290
Philadelphia, PA 19105-0290
Or fax it to: 215-665-0613
- Part 1: Verify the name and address pre-printed on the form (if applicable). Make any necessary corrections in the boxes provided, or fill in your name and address.
- Part 2: Fill in the total number of days you spent outside of the U. S. from February 1, 1996 to November 8, 2006.
- Part 3: Check one box on each line that indicates the purpose of the travel you noted in Part 2.
- Part 4: Read Part 4, then sign and date the form, and mail it to:Settlement AdministratorP. O. Box 290
Philadelphia, PA 19105-0290
Or fax it to: 215-665-0613
- Part 1: Verify the name and address pre-printed on the form (if applicable). Make any necessary corrections in the boxes provided, or fill in your name and address.
- Parts 2 & 3: read the information provided in these parts.
- Part 4: If your claim is for a personal account and you do not have the account number (or if you choose not to provide it), you may provide the last 4 digits of your Social Security Number instead. However, your refund may be reduced if you do not provide your account number because the Settlement Administrator may not be able to verify the full amount of your refund.
- Part 5: Fill in the requested information for your foreign transactions. Use one line for each credit, charge or debit/ATM card account on which you have had foreign transactions. For each account, fill in your account number and the name of the bank that issued your card, and indicate whether the card was a personal card or a corporate card. Then list the total amount of the foreign transactions you have had per year for the account. Finally, add up the amount of all of your listed foreign transactions in U.S. dollars on all accounts and write that amount in the space provided.
- Part 6: Read Part 6, then sign and date the form, and mail it to:Settlement AdministratorP. O. Box 290Claim forms should NOT be submitted to any other address.
Philadelphia, PA 19105-0290
Or fax it to: 215-665-0613
- Do I need to provide any documentation with my claim?(top)You do not need to attach bank or credit card statements to your claim. However, by submitting a claim you are certifying that all information provided is true and correct to the best of your knowledge, that you have not submitted more than one claim form and that you are the primary card holder on the accounts included on your claim.
In addition, all claims are subject to audit and you may be asked to provide additional information to support your claim. Please keep proof of your eligible transactions or other documentation used to complete the claim form until your claim has been processed. By submitting a claim, you authorize your bank and the Settlement Administrator to provide and share information to verify your status or claims. - Can I get a copy of my bank statement?(top)You do not need to attach copies of bank or credit card statements with your claim. The defendant banks will provide copies of statements if they are electronically retrievable. If you are a customer of Household/HSBC or Providian/Washington Mutual, you should contact the Settlement Administrator for your electronically retrievable transaction records.
- Do I need to list the dates of my foreign transactions?(top)No. However, for Refund Option 3 you must separately total up your transactions for the period 02/01/96 to 12/31/96, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 1/1/2006 to 11/8/06, and list the totals for each period in the appropriate space on the claim form.
- Will my claim be audited?(top)All claims are subject to audit. Please keep proof of your eligible transactions or other documentation used to complete the claim form until your claim has been processed. By submitting a claim, you authorize your bank and the Settlement Administrator to provide and share information to verify your status or claims.
- May I submit more than one claim?(top)No, you must submit all claims you have at the same time. However, if you choose Refund Option 3 you may attach additional pages to your claim form if all of your transactions do not fit on one form. Do not submit more than one claim form.
- How will the amount of my refund be determined?(top)If you are eligible for a refund, the amount of the refund will depend on a number of variables. The first variable is the Refund Option that you choose to file. Refund Option 1 will provide an easy refund of $25. Refund Option 2 will be based on typical spending patterns during travel outside of the U.S. Claimants who choose Refund Option 2 will provide an estimate of the number of days they spent outside of the U.S. during the class period and the frequency of their travels for the purpose of business, visiting friends or relatives, vacation/leisure, or other travel purpose. Travel purpose and time outside the U.S. are factors captured in the U.S. Department of Commerce annual Survey of International Air Travelers, and can be used as predictors of trip expenditures outside of the U.S. The Settlement Administrator will calculate the amount of the refund under Refund Option 2 using an algorithm. The algorithm is designed to provide an estimate of a Claimant’s refund using the information supplied in the Claimant’s Refund Option 2 claim form and other data, including from the U.S. Department of Commerce’s survey noted above. The algorithm calculation for a Refund Option 2 claim will be based on a 1% foreign transaction fee. Refund Option 3 will utilize the bank that issued your credit and/or debit/ATM card and the dollar amount of your foreign transaction fees (apart from any alleged increase in base exchange rates). Refunds for all claims, regardless of the option chosen, will depend on the amount of money available to pay claims and the number and total dollar value of all valid claims filed. You might get only a partial refund, or, in some circumstances, your claim might be adjusted upwards. Any reductions made to refund amounts are designed to ensure that every claimant receives a refund from the settlement. A reduction of the refund amount below $25 will only occur as a last resort.
- Who will determine the amount to be refunded to me?(top)A third party administrator will review all claims and determine the refund amounts.
- What if I think the amount of my refund is incorrect or my claim is rejected?(top)Within 45 days of receiving your refund or notice of rejection, send to the Settlement Administrator at the address listed below a notice requesting a review of your refund or claim, which must include a statement of reasons for contesting the amount of the refund or the rejection of your claim. Include any documentation necessary to support your position.
Foreign Currency Antitrust Litigation
Settlement Administrator
P.O. Box 290
Philadelphia, PA 19105-0290
Or contact us through our website here. - When will I get my refund?(top)Refunds will be paid after the Court finally approves the settlement, and approves any award of attorneys' fees, awards to the class representatives, and allocation of the settlement fund among Settlement Damages Class members, and any appeals related to that approval are resolved. It is possible that this could take several months, or, if appeals are filed, several years. You may want to check this website from time to time for updates.
- How will my refund be paid?(top)Eligible refunds will be paid by check to the primary cardholder on the account.
- What if my address changes?(top)If you move after making a claim, please send your new address to:Currency Conversion Fee Antitrust Litigation
Settlement Administrator
P.O. Box 290
Philadelphia, PA 19105-0290
- How can I opt-out of the settlement?(top)To exclude yourself from the Settlement Damages Class, send the "opt-out" form letter to: Currency Conversion Fee Antitrust Litigation, Settlement Administrator, P.O. Box 280, Philadelphia, PA 19105-0280. Or fax the "opt-out" form letter to 215-665-0613. Opt-out forms sent to any other location will not be considered.
If you opt out, you will not get money from the settlement. Please note that you cannot exclude yourself from the Settlement Injunctive Class.
Deadline for post-marking your mailed opt-out form letter, or for faxing your opt-out form letter: 11:59 p.m. Eastern Time February 14, 2008. - Where can I obtain the opt-out form letter?(top)
- May I opt-out over the phone?(top)No. All opt-out requests must be in writing using the opt-out form letter and sent to Currency Conversion Fee Antitrust Litigation, Settlement Administrator, P.O. Box 280, Philadelphia, PA 19105-0280, post-marked by 11:59 p.m. Eastern Time February 14, 2008, or faxed to 215-665-0613 by the same date and time. Opt-out form letters sent to any other address will not be considered.
- How can I object to the Settlement?(top)To object to the settlement, file your objection and proof of class membership with the Court no later than February 14, 2008. The address is: Clerk of the Court, United States Courthouse, 500 Pearl Street, New York, NY 10007-1581. Be sure to state that your objection relates to In re Currency Conversion Fee Antitrust Litigation, MDL No. 1409.
If you object, you must also give notice to the attorneys for the class by hand delivery, overnight mail, or by certified mail, return receipt requested. - When will the court consider approving the settlement?(top)The final approval hearing is scheduled for March 31, 2008 at 11:00 a.m. at the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, N.Y., 10007-1581. You do not have to go to court or hire an attorney. But you can if you want to, at your own cost. The hearing is to decide whether to approve the settlement, class counsels’ requests for attorneys' fees and expenses, awards for the class representatives and the allocation of the Settlement Fund among authorized Claimants. The time and date of the hearing may change without further notice to you.
- Are other cases affected by this settlement?(top)Yes. There are other cases in federal and state courts against Visa, MasterCard, and/or some Defendant banks concerning their foreign transaction pricing, including markups and fees, and their disclosure thereof. Some of these cases are listed below. Claims in these cases will be extinguished if this settlement is approved, but you can still make a claim here, as described above, for foreign transactions between February 1, 1996 and November 8, 2006. Please note that the following may not be a complete list of all cases in which claims may be extinguished by the settlement.
Note: please click on a case name to obtain more information about that case:
Certified statewide classes: *Cavette v. MasterCard, CT-002506-03 (Shelby Cty., TN), W2005-02422-SC-S09-CV (TN Sup Ct) (conditionally decertified on May 23, 2007); ); Schrank v. Citibank, 03 Civ. 2843 (SDNY, NY).
Proposed statewide classes: *Fischer v. MasterCard, 03600572/2003 (NY Cty., NY), *Friedman v. MasterCard, CV 04-539330 (Cuyahoga Cty., OH),*Gastineau v. MasterCard, CV 2004-283 (Lonoke Cty., AK), *Gillard v. MasterCard, 03 CH06659 (Cook Cty., IL), 05-3143 (IL Ct App, 1st Dist), *Hernandez v. MasterCard, C-1056-03-C (Hidalgo Cty., TX), *Johnson v. MasterCard, 62-C7-04-009691 (Ramsey Cty., MN), *Perry v. MasterCard, CV 2003-007154 (Maricopa Cty., AZ), *Rubin v. MasterCard, 03-09368 CA 20 (Dade Cty., FL), 3D05-2373 (FL Ct App, 3rd Dist), *Salkin v. MasterCard, 002648 (Phila. Cty., PA), 1741 EDA 2005 (PA Super Ct, Eastern Dist), Sandera v. Bank of America, CG06-458404 (NDCA,CA) (transferred to MDL 1409, at 07-CV-05583), Bildstein v. MasterCard, 03 Civ 9826 (SDNY, NY).
Proposed nationwide classes: Clarken v. Diners Club, 01 Civ 10857 (SDNY, NY), *Gaffigan v. MasterCard, 042-07768 (St. Louis, MO) (nationwide, except IL and CA) (subject to signing the settlement agreement), Mattingly v. Visa, RG05198142 (Alameda Cty., CA) (nationwide for Visa; CA for MasterCard), Shrieve v. Visa, RG04155097 (Alameda Cty., CA) (nationwide for Visa; CA for MasterCard; also on behalf of general public).
Includes proposed nationwide class: +Baker v. Visa, 06-CV-15447 (SDNY, NY) (coordinated or consolidated with MDL 1409).
General public nationwide: Schwartz v. Visa, 822404-4 (Alameda Cty., CA) (CA general public only for MasterCard), A105222 (CA Ct App, 1st Dist), S-138751 (CA Sup Ct).
MasterCard has agreed to pay a total of $3,557,000 in attorneys' fees and expenses to settle the cases marked above with an asterisk (*). In addition, Visa and MasterCard have agreed to pay $32,000,000 in attorneys' fees and expenses to the attorneys who, for 6 years, litigated Schwartz v. Visa Int'l Corp., No. 822404-4 (CA), including a trial and appeals. The attorneys in the Schwartz case are some of the Plaintiffs' attorneys in this case. These payments will not reduce the $336,000,000 settlement fund. The case marked with a plus sign (+) has also been settled.
- How will the attorneys be paid?(top)The lawyers for the class members will request 27.5% of the estimated $313,000,000 expected to remain in the settlement fund after deducting costs for administering the settlement and notice, plus interest, for attorneys' fees for investigating the facts, litigating and resolving the case. They will also request reimbursement of their expenses, not to exceed $5,000,000, to be paid from the settlement fund.
- Will the class representatives be paid?(top)The Plaintiffs will also ask the Court for up to $350,000 in service awards from the settlement fund on behalf of the 20 class representatives for their efforts on behalf of the classes. Their names are S. Byron Balbach, Jr., Jeanne H. Balbach, Woodrow W. Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Pamela Meyerson, Michael H. Oshry, Camille LaPlaca-Post, Herve Senequier, Robert Ross, Randal Wachsmuth, Jeffrey Zakem, Kayta George, David Shrieve, Tara Rado, Anthony Ralphs, David Ultan, Shannon Mattingly, and Timur Nusratty.
- How can I get more information?(top)To see the Settlement Agreement, court orders, and other documents about this lawsuit and related cases, click on the following link: www.ccfsettlement.com/claim. Or call 1-800-945-9890.
You can also go to the Courthouse during regular business hours to see court documents. The Courthouse address is: Clerk of the Court, United States Courthouse, 500 Pearl Street, New York, New York 10007-1581.
Or mail your questions to the following attorneys for the class:Merrill G. Davidoff
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103
Bonny E. Sweeney
Coughlin Stoia et al, LLP
655 West Broadway, Ste. 1900
San Diego, CA 92101
Please do not contact the Court, the Defendants, or your bank with questions about this case.
Contact us for more information about this page.
Translate to Spanish - Traducir esta página al español