Golf Course FACTA Settlement

Frequently Asked Questions

  1. What is the Class Action About?
  2. What are My Rights?
  3. How do I make a claim for a Settlement Certificate or up to $50.00 in cash?
  4. Do I Have a Lawyer in the Case?
  5. How Do I Obtain More Information?
  1. What is the Class Action About?

    The lawsuit claims that at golf courses managed by Evergreen, credit and debit card receipts were printed with more than the last five digits of the Class members’ card numbers in violation of the Fair and Accuarte Credit Transactions Act, 15 U.S.C. §§ 1681c(g) when Class members’ made purchases between June 15, 2015 and May 2, 2018. The Superior Court for the State of California in and for the County of San Bernardino has preliminarily approved a class action settlement in Frank Cowen et al., individually and on behalf of all similarly situated individuals v. Evergreen Alliance Golf Limited, L.P., d/b/a Arcis Golf, et al, Case No. CIVDS1719283. Class members are all persons in the United States to whom, through use of a machine used by golf courses operated by Evergreen Alliance Golf Limited, L.P. (“Evergreen”), were provided an electronically printed receipt at the point of a sale or transaction on which more than then last five digits of the person’s credit or debit card number was printed

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  2. What are My Rights?

    You may be a Class member as determined by Evergreen’s records, you have the following choices, which you must select by the deadlines below:

    FILE A CLAIM FOR A SETTLEMENT CERTIFICATE OR MONETARY RELIEF BY

    September 6, 2018:

    If you did not receive an e-mail about this settlement, and you are a member of the Class, you may submit a Claim Form signed under penalty of perjury by September 6, 2018 to receive one Settlement Certificate for $5 off of posted green fees at daily-fee courses operated by Evergreen, valid 7 days a week after 12:00p.m. Any Class member may also submit a Claim Form for up to $50.00 cash by submitting supporting documentation of a transaction during the Class Period.

    DO NOTHING BUT STAY IN THE SETTLEMENT

    By doing nothing, if you received an email about this settlement, you will be issued one Settlement Certificate.  No further action is required.  If you do nothing, you will be legally bound by all orders and judgments of the Court, and you will not be able to sue, or continue to sue, Evergreen in any lawsuit concerning the receipts you received during the Class Period.

    EXCLUDE YOURSELF

    September 6, 2018:

    If you exclude yourself from the settlement, you will not release any claims you may have.  If you exclude yourself from the settlement, however, you will not be entitled to share in any of the benefits offered by the settlement, as described above.  If you wish to be excluded, you must complete and send a written Request for Exclusion that (1) states the Class Member’s name, email address, address and telephone number, (2) states that the Class Member requests exclusion from, or “opts out” of, the Settlement, (3) is dated, and (4) is signed by the Class Member.  Requests for Exclusion must be exercised individually.  Requests for Exclusion must be submitted by or postmarked by September 6, 2018 to the Claims Administrator at the following address: Golf Course FACTA Settlement Administrator, P.O. Box 404041, Louisville, KY 40233-4041

    OBJECT AND GO TO A HEARING

    Deadline to Object:
    September 6, 2018

    Hearing Date:
    October 24, 2018

    If you wish to object to the settlement, you must file a written objection upon the Court and serve a copy on Class Counsel and Defendant's Counsel. To serve Class Counsel and Defendant's counsel, the objection must be sent to info@GolfCourseFACTASettlement.com or postmarked by September 6, 2018.  Any objection must include: (i) the name, email address, address, telephone number, last four digits of the credit card number used to make the transaction at issue and the date of the transaction at issue of the person(s) or entity objecting to the Settlement; (ii) a statement of the objection to the Settlement; (iii) an explanation of the legal and factual basis for the objection; and (iv) documentation, if any, to support the objection.  The right to object to the proposed settlement must be exercised individually. 

    Any member of the Class who has timely filed an objection must appear at the settlement approval hearing, in person or by counsel at the Superior Court for the State of California in and for the County of San Bernardino, located at 247 West Third Street, San Bernardino, California 92415 on October 24, 2018 at 8:30 a.m. Class Members who timely and validly opt-out and request exclusion from the Settlement shall have no right to object and shall be foreclosed from making any objection to the Settlement. 

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  3. How do I make a claim for a Settlement Certificate or up to $50.00 in cash?

    Subject to the approval of the settlement by the Court, if you were not on the Class List as of May 2, 2018 (e.g., you did not receive an e-mail about this settlement) and you are a person in the United States to whom, through use of a machine used at a golf course operated by Defendant, an electronically printed receipt was provided at the point of a sale or transaction on which more than the last five digits of your credit card or debit card number was printed between June 15, 2015 and May 2, 2018, you may submit a Claim Form signed under penalty of perjury no later than September 6, 2018 to receive one Settlement Certificate.

    If you wish to receive up to $50.00 in cash (subject to a $50,000 cap on total payments to cash claimants), in addition to a Claim Form, you must also submit supporting documentation including either an electronically printed receipt from the point of sale or transaction or bank statement showing you made a transaction with Defendant using a credit card or debit card at some time between June 15, 2015 and May 2, 2018.You should redact any credit or debit card number or bank information.A Claim Form is available at www.GolfCourseFACTASettlement.com Claim Forms may be submitted online on this site or may be sent by U.S. Mail to P.O. Box 404041, Louisville, KY 40233-4041.Claim Forms and supporting documentation which are not submitted by September 6, 2018 will be considered untimely and may be rejected. It is highly recommended that you retain proof of submitting your Claim Form.

    If you choose to participate in the settlement by submitting a Claim Form, you will be bound by all of the provisions of the Joint Stipulation of Settlement and Release, including a full release of claims that will prevent you from separately suing Defendant for the claims which were alleged in or which could have been alleged in, or which arise from the facts alleged in, the Lawsuit for the period of time from 

    If you made a claim for cash and move during the pendency of the Lawsuit, please contact the Settlement Administrator to update your address.

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  4. Do I Have a Lawyer in the Case?

    The Court already appointed attorneys for the Class.You will not be charged by these lawyers’ however, they will receive payment from Evergreen of up to $375,000, representing attorneys’ fees and expenses, as well as their costs, if approved by the Court. If you want to be represented by your own lawyer, you may hire one at your own expense. If you choose to hire your own lawyer, he or she must file an appearance by September 6, 2018.

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  5. How Do I Obtain More Information?

    If you want a detailed notice about the settlement, visit www.GolfCourseFACTASettlement.com, call 1-866-619-6612, or write to the Claims Administrator at Golf Course FACTA Settlement Administrator, P.O. Box 404041, Louisville, KY 40233-4041.

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