Official court notice

Official court notice
B & R Supermarket, Inc. et al. v. Visa, Inc. et al., Case No. 1:17-cv-02738-BMC-JAM United States District Court, Eastern District of New York
If you are a merchant who has made an unrecovered chargeback on an EMV chip card with liability transfer for a fraudulent credit or debit transaction,
Visa, Mastercard, American Express or Discover card, which was made between October 1
If the dispute continues from 2015 to September 30, 2017, the settlement with the defendants may affect your rights. This notice is being sent by order of the Court. It does not constitute an offer of legal services.
A settlement has been reached with defendants Mastercard International, Incorporated (“Mastercard”), Visa Inc. and Visa USA Inc. (“Visa”), Discover Financial Services (“Discover”), and American Express Company (“Amex”) (collectively, the “Defendants”) in the class action lawsuit B & R Supermarket, Inc., et al. v. Visa, Inc., et al., Case No. 1: 17-cv-02738-BMC-JAM (EDNY). The defendants are accused of violating antitrust laws by conspiring to adopt a common remedy through nearly identical rules that shifted liability for billions of dollars in fraudulent transactions, or “chargebacks,” from banks to merchants (the “Fraud Shift”) when a credit or debit card had EMV/chip technology but the merchant’s card did not, with the shift taking effect on the same day and in a similar manner.
for all four networks. The defendants deny the claims and any wrongdoing or liability.
Plaintiffs Class Action Lawsuit: All merchants who made at least one unrecovered chargeback between October 1, 2015 and September 30, 2017, inclusive, pursuant to the Fraudulent Chargeback Transfer of Accounts Act on Mastercard, Visa, Discover, and/or Amex payment cards. The Class Action Lawsuit does not include members of any judicial or governmental agency or body. Any class members who previously excluded themselves from the litigation by means of a motion to exclude pursuant to the Order Granting Motion (Uncontested) Approving Proposed Class Notice and Notice Plan, dated June 3, 2022, are not part of the Class Action Lawsuit and will not be able to file a claim for Settlement in the future.
What does the settlement provide? The defendants agreed to pay a total settlement amount of $231.7 million.
Can I receive payment now? No. At this stage, payments are not being made to members of the Class Action Group. They will be notified of the opportunity to file a claim for Settlement later.
Other Options. You may file an objection to the terms of the Settlement and/or the attorney fees for the class action until January 26, 2026. The detailed notice on the Settlement website explains the objection process.
The Court has scheduled a final fairness conference for April 27, 2026, to consider any objections and to approve the settlement terms and requests for attorney fees for the class plaintiffs in the action in the amount of 33.3% of the $32.2 million recovery against Discover and Amex and 27.5% of the $199.5 million recovery against Visa and Mastercard, plus any applicable court-ordered interest on those amounts. The class plaintiffs also seek attorney fees (other than administrative fees associated with the settlement or notice), not to exceed $5 million, and attorney fees for three class plaintiff merchant representatives in the amount of up to $50,000.
You or your attorney may attend the hearing and file a notice of intent to object to the Court, but this is not required. All court orders will apply to you and will bind you legally.
This notice is a summary.
Settlement agreements and additional information about the litigation and settlement are available at www.FraudLiabilityShiftLitigation.com or toll-free at 1-855-662-0073.