20 Jul, 2020
Getting Paid Under the Visa/Mastercard Class Action Settlement

Written by Scott Zucker

Scott is a founding partner in the Atlanta law firm of Weissmann Zucker Euster Morochnik & Garber and has been practicing law since 1987. He represents self storage owners and managers throughout the country on legal matters including property development, facility construction, lease preparation, employment policies and tenant claims defense. He also provides, on a consulting basis, advice to self storage companies in the areas of foreclosure and lien sales, premises liability and loss control safeguards. Scott is Deputy General Counsel to the national Self Storage Association, legal counsel to a number of state self storage associations, a frequent lecturer at national self storage conventions and is a contributing legal writer for trade magazines such as the Mini-Storage Messenger, Inside Self Storage and SSA Magazine. Scott is the author of Legal Topics in Self Storage: A Sourcebook for Owners and Managers (First Edition 2000, Second Edition 2018), which is the primary reference guide for self storage owners and managers in the self storage industry. He is also a partner in the Self Storage Legal Network, a subscription based legal information service for self storage owners and managers affiliated with the national Self Storage Association.

During the last few weeks, while you have been working through your re-openings from the pandemic and stay-at-home orders, you may have received a notice regarding a class action involving merchants that accept Mastercard and Visa.

If you are a merchant that accepted either Visa or Mastercard between January 1, 2004 and January 25, 2019, you might be owed money from a recent 5.54 billion-dollar class action settlement. On December 13, 2019, the United States District Court for the Eastern District of New York entered its Final Approval Order on the case which entitles any merchants who accepted these cards during that period to receive a recovery based on the fees they paid to use the credit and debit cards. As a self storage operator using credit card processing for payment, it is likely that you are eligible to be a member of this settlement class.

The class action involved the “interchange fees” charged to merchants that accepted Visa or Mastercard credit or debit cards between January 1, 2004 and January 25, 2019. Interchange fees are the fees charged to merchants for processing the credit or debit card transactions, which are typically 1-2% of the purchase price. The claim was that Visa and Mastercard violated federal antitrust laws when they charged these interchange fees.

What is important to know now is that this settlement is out there. You should be talking with your merchant services provider about the possibility of preparing a claim and how they can help. At some point, when the appeal is finalized and the claim period begins, you might be entitled to money from this five billion-dollar pool of funds. But you can only be paid if you submit a claim!

Should you have any questions on operating your business during this unprecedented time, please do not hesitate to contact Weissmann Zucker Euster Morochnik & Garber P.C.


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