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ARTICLE · 14 NOVEMBER 2018

The Bitter And The Sweet

On October 3, the Eleventh Circuit Court of Appeals affirmed the district court's approval of a class settlement, an award of attorney's fees to class counsel, and the provision of an incentive award

United StatesLitigation, Mediation & Arbitration

On October 3, the Eleventh Circuit Court of Appeals affirmed the district court's approval of a class settlement, an award of attorney's fees to class counsel, and the provision of an incentive award for the class representative. The court affirmed in the face of objections to the class representative's Article III standing, the notice pursuant to Rule 23(h), the award of attorney's fees, and the incentive award to the class representative.

The basic background is as follows. This class action alleged violations of the Fair and Accurate Credit Transactions Act (FACTA). Dr. Muransky filed his class action against Godiva Chocolatier, Inc. for allegedly violating FACTA by giving him a receipt that showed his credit card number's first six and last four digits (FACTA prohibits merchants from printing "more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.")

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