Settlements 

Visa Mastercard

The Second Circuit affirmed all aspects of the District Court’s final approval order save one as of April 25th 2023. The latest briefs indicate effort around selecting a Special Master to oversee the claims process as well as recommendations from the claims administrator (including a potential abbreviated filing window). From the latest status conference in May 2023, the next status update should occur on or before June 26th (plaintiffs supplemental) with replies on or before August 4th (defendants replies) with final replies on or before August 18th 2023. The major outstanding issue relates to franchise gas stations and convenience stores that have not opted out, such as 7-11. It is still to be determined if franchised gas stations and attached convenience stores will be included in the class. Resolution and possible appeals may delay the issuing of the claim form and the filing deadline. We will keep you informed of the latest updates.

Your business may be eligible to receive up to $26,000 per W-2 employee. ERC is the largest government stimulus program in history! Introduced in the CARES Act in 2020, this program is designed to help support businesses who retained their employees during the difficult years of COVID-19.

While we certainly do not recommend it, we have heard from many clients that the ability to access the potential funds from the settlement and recovery programs we support could be critical to support ongoing operations. To remain sensitive and supportive to this need, we have worked diligently to be able to provide an offering that could allow immediate relief. Should you be interested in further investigating this program, which we are call the Early Recovery Option, please contact our team for a consultation.

Open settlements to enroll

Visa Mastercard

Specifically related to Reynolds and CDK users, you may be eligible for a portion of the $29.5 Million Settlement. Please contact our team to learn more!

CRT There were 9 new states eligible to participate in the settlement. If you have previously filed and had been denied or were in the 9 new states you were eligible to file. The settlement deadline date passed earlier this week. While the filing window was short, we were able to work a number of our clients to get them filed.

Pending disbursement/review

There have been multiple appeals filed and partially ruled on related to this case. Based on the appeals and results from the conferences held thus far this year, the key objections center around the language in the settlement that releases future antitrust claims and a provider class not being included. While we had hoped that this settlement would proceed to disbursement this year, it looks as though these appeals could push disbursement into next year. We continue closely monitoring the progress and will keep you informed of any updates or changes

The Auto Parts settlement has not yet been approved for distribution. We had previously been told by the administrator to expect distribution around the end of 2022, however, more defendants settled, allowing for a new opportunity for claimants to file. The deadline to submit a new claim was in January of this year and the review process is currently moving forward. We expect to hear from the administrator regarding any deficiencies over the next several weeks, so please be advised that a claims representative may be reaching out to you for further information if necessary.

Commercial Chicken While the claim filing deadline has passed, the court continues to work through a variety of motions and appellate issues related to the various classes (End Users, Commercial/Indirect Purchasers, and Direct Purchasers). The most significant issues causing some of these delays have been brought forward by Sysco Corporation and certain questions regarding state laws state law questions.

Additional settlement details

Visa/MC Payment Card Settlement As noted on the official court website, the final approval order was affirmed in March 2023. While parties may pursue further appeals, this key resolution and movement in the case signals another step closer to claim filing and potential disbursement. While further class refinement could occur, this development highlights progress.

Understanding many expected the settlement to have progressed more quickly than it has thus far, we do have options available for potential early recovery making the funds available to you prior to claim filing and disbursement. With progress continuing in this case, looking toward claim filing in the not too distant future, we are anticipating merchant statements may be a required part of the claim file. To that end, if you have not provided a copy of your merchant statement from the relevant class period, please upload them to our team so we can include it in your claim file.

We are suggesting a minimum of your 2018 statement(s) while encouraging you to provide more if you have them.

To learn what DCap Claims can do for you, call (844) 322-7669