CLASS ACTION SETTLEMENT NOTICE - SURIN & THE FAIR CREDIT REPORTING ACT Massey, Stotser & Nichols P.C. Attorneys Birmingham Alabama

CLASS ACTION SETTLEMENT NOTICE - SURIN & THE FAIR CREDIT REPORTING ACT

Posted by: Micah Adkins
July 06, 2009
Topic: CONSUMER PROTECTION

CLASS ACTION SETTLEMENT NOTICE

If you are a consumer who used a credit card or debit card to make a purchase at Surin West, Surin of Thailand, Mountain Brook or Surin 280 between December 4, 2006, and September 28, 2007 and you were provided an electronically printed credit card or debit card receipt containing more than the last five digits of your credit or debit card num- ber, you should read this notice. Your legal rights may be affected. This notice pertains to three class action lawsuits, Thomason v. Surin of Thailand, Mountain Brook, Inc., CV-07-SLB-1710-S, Kanakis v Surin 280, LLC, CV-07-SLB-1711-S, and Iradji v. Surin West, Inc., CV-07-SLB- 1712-S, In The U.S. District Court, for the Northern District of Alabama.

The lawsuits allege that the Defendants willfully violated the Fair and Accurate Credit Transactions Act (FACTA) by providing consumers with credit card and debit card receipts containing more than the last five digits of the credit card or debit card numbe rs. The Defendant denies that it willfully violated any laws. The Plaintiffs do not allege any actual damages as a result of the alleged FACTA violations. The parties agreed to a settlement to avoid the uncertainty and the costs of a trial and to provide benefits to class members. The defendants have agreed take additional measures to ensure compliance with the FACTA provisions pertaining to the truncations of the credit card account numbers and the expiration dates on receipts provided to consumers.

The Defendants will also provide a minimum of 50,000 vouchers. Each Class Member will be entitled to one voucher, which will be good for one order of pot stickers, one order of crab angels, one bowl of hot and sour soup or one bowl of coconut soup. The proposed settlement also provides that each of the 3 named plaintiffs will receive a $2,000.00 incentive fee ($6,000.00 total).

The Court has appointed as Class Counsel Micah S. Adkins and Richard A. Bearden of the law firm MASSEY, STOTSER & NICHOLS, P.C. and Archie C. Lamb of THE LAMB FIRM, LLC. Class counsel have requested a fee of $100,000.00. Class Counsel's fee will be paid by the Defendants. The Defendants are represented by David R. Donaldson of DONALDSON & GUIN, LLC and C. Lee Reeves of SIROTE & PERMUTT, P.C.

You are not responsible for any attorney fees, unless you decide to hire your own lawyer. You do not need to do anything to participate in the Settlement other than coming to one of the restaurants and asking for a free voucher. You have the right to object to the Settlement by filing an objection on or before July 21, 2009 with the Clerk of Court at the following address:

Hugo L. Black United States Courthouse 1729 5th Avenue North Birmingham, Alabama 35203

If you file a timely objection, you will have the right to appear at the hearing scheduled on August 5, 2009 at 10:00 at which time the Court will consider final approval of the settlement. The hearing may be rescheduled without further notice.

For additional information or copies of the settlement agreement and other documents, please visit http://www.surinwest.com/classaction or http://www.surinofthailand.com/classaction.

Source: Published in The Birmingham News