A federal court authorized this notice. This is not a solicitation from a lawyer.

Transcription

1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI If you used a debit or credit card at certain Budget Rent-A-Car locations between December 4, 2006 and October 7, 2011, you could receive a certificate from a class action settlement. A federal court authorized this notice. This is not a solicitation from a lawyer. The settlement will provide a certificate to class members, redeemable at participating Budget Rent-A-Car locations for $10 off any rental, or $30.00 off any rental exceeding $ (excluding any fees or taxes) (the Certificate ). A list of participating locations is available on pages 8-9 of this notice. The Certificates are redeemable for 180 days after the court approves settlement. To be a class member, you must have made a purchase at one of the Budget Rent-A-Car locations listed on pages 8-9, with a debit or credit card, between December 4, 2006 and October 7, Your legal rights are affected whether you act or don t act. Read this notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: DO NOTHING EXCLUDE YOURSELF OBJECT GO TO A HEARING You will be a member of the class and will be able to use the Certificate as soon as the Court approves the settlement. Get no benefit from the settlement. This is the only option that possibly allows you to be part of any other lawsuit against certain Budget Rent-A-Car locations about the legal claims in this case. Write to the Court about why you don t like the settlement. Ask to speak in Court about the fairness of the settlement. These rights and options and the deadlines to exercise them are explained in this notice. The Court in charge of this case still has to decide whether to approve the settlement. The Certificates will be effective only if the Court approves the settlement. Page 1 of 9 Case 4:11-cv DGK Document 65-2 Filed 11/14/13 Page 1 of 9

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE 3 1. What is the Lawsuit? 2. What is the Lawsuit about? 3. Why is the Lawsuit a class action? 4. Why is there a settlement? 5. How do I know if I am part of the settlement? THE SETTLEMENT BENEFITS WHAT YOU GET... PAGE 4 6. What does the settlement Provide? 7. How do I receive a Certificate? 8. When do I get to use my Certificate? 9. Where can I use my Certificate? 10. What am I giving up to get a Certificate or stay in the class? EXCLUDING YOURSELF FROM THE SETTLEMENT... PAGE How do I get out of the settlement? 12. If I don t exclude myself, can I sue the Defendants for the same thing later? 13. If I exclude myself, can I redeem the Certificate? THE LAWYERS REPRESENTING YOU... PAGE Do I have a lawyer in this case? 15. How will the lawyers be paid? OBJECTING TO THE SETTLEMENT... PAGE How do I tell the Court that I don t like the settlement? 17. What is the difference between objecting and excluding? THE COURT S FAIRNESS HEARING... PAGE When and where will the Court decide whether to approve the settlement? 19. Do I have to come to the hearing? 20. May I speak at the hearing? IF YOU DO NOTHING... PAGE What happens if I do nothing at all? GETTING MORE INFORMATION... PAGE Are there more details about the settlement? LIST OF PARTICIPATING BUDGET RENT-A-CAR LOCATIONS... PAGE 8 Page 2 of 9 Case 4:11-cv DGK Document 65-2 Filed 11/14/13 Page 2 of 9

3 BASIC INFORMATION 1. What is the Lawsuit? The lawsuit is known as Galloway v. The Kansas City Landsmen, LLC et. al, Civil Action No. 4:11-cv-1020-DGK, and it is pending in the United States District Court for the Western District of Missouri (the Lawsuit ). The Plaintiff, John T. Galloway, filed the Lawsuit as a class action against certain locations of Budget Rent-A-Car (the participating locations of Budget Rent-A- Car are listed on pages 8-9, and will be referred to in this notice as the Defendants ). 2. What is the Lawsuit about? The Lawsuit alleges that the Defendants willfully violated the Fair and Accurate Credit Transactions Act (15 U.S.C et seq.) ( FACTA ). Specifically, Galloway alleges that the Defendants violated FACTA when customers received receipts showing more than the last five digits of credit or debit card numbers and/or the cards expiration dates. The Defendants deny any wrongdoing and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. MOREOVER, NEITHER PLAINTIFF NOR ANY CLASS MEMBER HAS SUSTAINED ANY ACTUAL MONETARY INJURY AS A RESULT OF THE ISSUES IN DISPUTE IN THIS LITIGATION. However, FACTA requires that all but the last five digits of the card number and the expiration date be deleted from credit or debit card receipts presented to customers at the point of sale. 3. Why is the Lawsuit a class action? In a class action, one or more people called class representatives (in this case, Mr. Galloway) sue on behalf of people with similar claims. All of these people are a class or class members. One court resolves the issues for all class members except for those who exclude themselves from the class. United States District Judge D. Gregory Kays is in charge of this class action. 4. Why is there a settlement? The Court did not decide in favor of the Plaintiff or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The class representative and the attorneys think the settlement is best for all class members. 5. How do I know if I am part of the settlement? If you received a Certificate, you are a member of the class. For purposes of the settlement, the class is made up of all persons who, between December 4, 2006, and October 7, 2011, made a purchase at a Budget Rent-A-Car location listed on pages 8-9 with a credit card or debit card. Page 3 of 9 Case 4:11-cv DGK Document 65-2 Filed 11/14/13 Page 3 of 9

4 THE SETTLEMENT BENEFITS WHAT YOU GET 6. What does the settlement provide? The Defendants have agreed to compensate each class member with a Certificate for $10.00 applicable to any rental, or a Certificate for $30.00 applicable to a rental exceeding $ (excluding any fees or taxes). The Certificates are assignable and may be redeemed in conjunction with any other gift certificate, voucher, or coupon, and a customer may use multiple discounts with any purchase. The Certificates are not redeemable for cash in any instance (even if the sum of discounts exceeds the cost of the rental). 7. How do I receive a Certificate? You already have. The postcard you received in the mail contains a bar code that will be scanned by a participating Budget Rent-A-Car location to give you your discount(s). 8. When do I get to use my Certificate? The Court will hold a hearing on February 14, 2014, at 9:00 a.m. to decide whether to approve the Settlement Agreement. If Judge Kays approves the Settlement Agreement, there may still be appeals. It is always uncertain as to when appeals may be resolved. Resolution of appeals may take time perhaps more than a year. The Certificates will become valid for use shortly after the judgment becomes final. 9. Where can I use my Certificate? The Certificates are redeemable only at participating Budget Rent-A-Car locations, which are listed on pages What am I giving up to use the Certificate or stay in the class? Unless you exclude yourself, you are staying in the class. That means that you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants about the legal issues in the Lawsuit. It also means that all of the Court s orders will apply to you and legally bind you. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don t want to redeem a Certificate, but you want to keep the right to sue or continue to sue the Defendants on your own, about the legal issues in this case, then you must take steps to get out. This is called excluding yourself or is sometimes referred to as opting out of the settlement class. 11. How do I get out of the settlement? To exclude yourself from the settlement, you must send an to bgolden@gardere.com with your full name and address and the word exclusion in the subject line no later than January 30, If you ask to be excluded, your Certificate (with its barcode) will be deactivated and void, Page 4 of 9 Case 4:11-cv DGK Document 65-2 Filed 11/14/13 Page 4 of 9

5 and you cannot object to the settlement. You will not be legally bound by anything that happens in the lawsuit. You may be able to sue (or continue to sue) the Defendants in the future, provided that you have a claim, and the time limit for bringing the claim has not already expired. 12. If I don t exclude myself, can I sue the Defendants for the same thing later? No. Unless you exclude yourself, you give up the right to sue the Defendants for the claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this class to continue your own lawsuit. Remember, the exclusion deadline is January 30, If I exclude myself, can I use the Certificate from the settlement? No. If you exclude yourself you cannot redeem the Certificate from the settlement. But, you may sue, continue to sue, or be part of a different lawsuit against the Defendants, provided that you have a claim, and the time limit for bringing the claim has not already expired. 14. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The Court asked the law firm of SPENCER FANE BRITT & BROWNE, LLP, of Kansas City, Missouri, to represent you and other class members ( 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. 15. How will the lawyers be paid? Class Counsel will ask the Court for attorneys and expenses up to $175, and a payment of $3,000 to the class representative, Galloway. The Court may award less than these amounts. The Defendants will separately pay the fees and expenses the Court awards. The Defendants have agreed not to oppose these fees and expenses. The Defendants will also separately pay the costs to administer the settlement. OBJECTING TO THE SETTLEMENT You can tell the Court that you don t agree with the settlement or some part of it. 16. How do I tell the Court that I don t like the settlement? If you re a class member, you can object to the settlement if you don t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to Galloway v. The Kansas City Landsmen. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Mail the objection to the following three addresses no later than January 15, Court Class Counsel Defense Counsel Page 5 of 9 Case 4:11-cv DGK Document 65-2 Filed 11/14/13 Page 5 of 9

6 Clerk of the Court U.S. DISTRICT COURT, W.D. OF MISSOURI 400 East 9th Street Kansas City, Missouri Brian J. Christensen Bryant T. Lamer Kyle B. Russell SPENCER FANE BRITT & BROWNE, LLP 100 Walnut, Suite 1400 Kansas City, Missouri Ronald M. Gaswirth Barry M. Golden GARDERE WYNNE SEWELL LLP 3000 Thanksgiving Tower 1601 Elm Street Dallas, Texas You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your personal attorneys fees and costs. 17. What is the difference between objecting and excluding? Objecting is simply telling the Court that you don t like something about the Settlement Agreement. You can only object if you stay in the class. Excluding yourself is telling the Court you don t want to be part of the class. If you exclude yourself, you have no basis to object because the Lawsuit no longer affects you. THE COURT S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don t have to. 18. When and where will the Court decide whether to approve the settlement? The Court will hold a fairness hearing at 9:00 a.m. on February 14, 2014, at the United States District Court for the Western District of Missouri, 400 East 9th Street, Kansas City, Missouri in Courtroom 8C. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. Judge Kays will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. 19. Do I have to come to the hearing? No. Class Counsel will answer any questions Judge Kays may have. You, however, are welcome to come at your own expense. If you send an objection, you do not need to come to Court to talk about it. As long as you filed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary. 20. May I speak at the hearing? You can ask the Court for permission to speak at the Fairness Hearing. In order to do so, you must file a Notice of Intention to Appear which must include your name, address, telephone number, and signature. You must mail the objection to these three places postmarked no later than January 15, 2014: Court Class Counsel Defense Counsel Page 6 of 9 Case 4:11-cv DGK Document 65-2 Filed 11/14/13 Page 6 of 9

7 Clerk of the Court U.S. DISTRICT COURT, W.D. OF MISSOURI 400 East 9th Street Kansas City, Missouri Brian J. Christensen Bryant T. Lamer Kyle B. Russell SPENCER FANE BRITT & BROWNE, LLP 100 Walnut, Suite 1400 Kansas City, Missouri Ronald M. Gaswirth Barry M. Golden GARDERE WYNNE SEWELL LLP 3000 Thanksgiving Tower 1601 Elm Street Dallas, Texas What happens if I do nothing at all? IF YOU DO NOTHING If you do nothing, you will be a member of the settlement class and will be able to use your Certificate as soon as the Court orders it so and appeals are resolved, or the time for any appeal has passed. GETTING MORE INFORMATION 22. Are there more details about the settlement? This notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can find a copy of the Settlement Agreement on the settlement website. If you wish to communicate with Class Counsel, you may do so by writing or calling Class Counsel. Their contact information follows. Do not address any questions about the settlement or the Lawsuit to the Clerk of the Court or to Judge Kays. Brian J. Christensen Bryant T. Lamer Kyle B. Russell SPENCER FANE BRITT & BROWNE, LLP 100 Walnut, Suite 1400 Kansas City, Missouri (816) Page 7 of 9 Case 4:11-cv DGK Document 65-2 Filed 11/14/13 Page 7 of 9

8 PARTICIPATING BUDGET RENT-A-CAR LOCATIONS ADDRESS CITY STATE ZIP 2300 Rental Car Center Pkwy College Park GA West Pike Street Lawrenceville GA Covington Highway Lithonia GA Roswell Road Marietta GA S. Cobb Parkway Marietta GA Holcomb Bridge Road Roswell GA Lavista Road Tucker GA Jimmy Carter Boulevard Norcross GA Thornton Road Lithia Springs GA Tara Boulevard Jonesboro GA Courtland Street Atlanta GA Buford Highway Atlanta GA Roswell Road Atlanta GA N Cobb Parkway Kennesaw GA Southgate Drive Pelham AL Messer Airport Highway Birmingham AL Messer Airport Highway Birmingham AL rd Avenue Birmingham AL Cahaba Park Circle Birmingham AL S. Germantown Pkwy, #120 Cordova TN Poplar Ave Memphis TN Rental Road Memphis TN S. Getwell Road Memphis TN Highway 64 Memphis TN West Jackson Street Tupelo MS S. Noland Road Independence MO NE MO 291 Highway Lees Summitt MO Wyandotte Kansas City MO London Drive Kansas City MO Nassau Circle Kansas City MO E 99 th Street Kansas City MO W. 23rd Street Lawrence KS North Rogers Road Olathe KS W 63rd Street Overland Park KS W. 119th Street Overland Park KS N Ridge Road, Suite #100 Wichita KS East Kellogg Drive Wichita KS South Airport Road Wichita KS Midfield Road Wichita KS S Seneca Street Wichita KS E 30th Avenue Hutchinson KS Page 8 of 9 Case 4:11-cv DGK Document 65-2 Filed 11/14/13 Page 8 of 9

9 ADDRESS CITY STATE ZIP Eppley Airfield 4701 Abbott Drive Omaha NE East Locust Street Omaha NE Q Street Omaha NE West Dodge Road Omaha NE South 90 th Street Omaha NE West Adams Lincoln NE Sky Park Road, #2 Grand Island NE W University Parkway Orem UT Shadow Ridge Drive Park City UT South Main Street Salt Lake City UT South State Street Murray UT N Terminal Drive Salt Lake City UT Airport Road Ogden UT North 700 East St. George UT S Airport Pkwy St. George UT Page 9 of 9 Case 4:11-cv DGK Document 65-2 Filed 11/14/13 Page 9 of 9