Welcome to the Information Website for the Super Mex Restaurants, Inc. FACTA Class Action Lawsuit Settlement

This website provides information about a class action lawsuit against Super Mex Restaurants, Inc. ("Super Mex") and a proposed Settlement of that lawsuit with Super Mex.

Through this website, each Class member may also submit a claim for one Gift Card in the amount of $50.00. If you are a Class member and would like to submit your claim online, click on Online Claim Form to be transferred to that section of the website.

What Is This About?

A class action lawsuit is pending against Super Mex. The lawsuit alleges that Super Mex willfully violated a federal law (known as the Fair and Accurate Credit Transactions Act or FACTA, 15 U.S.C. §1681c(g)) by printing on customer credit card or debit card receipts the expiration date of each respective customer's credit card or debit card. Defendant Super Mex disputes the class action allegations and denies that it willfully violated FACTA. The Court has not yet decided in favor of either the Class or Super Mex. Instead, Plaintiff and Super Mex have agreed upon a proposed Settlement of the class action lawsuit to avoid the uncertainty and cost of a trial, and to provide benefits to Class members. Super Mex does not admit liability for any violation of the FACTA or any other wrongdoing. Super Mex has agreed to settle this class action solely as a business decision based on its evaluation of the time, expense, burden and uncertainty of further litigation.

Am I a Class Member?

You are a member of the Class if you are an individual who used a personal credit card or debit card at the Super Mex restaurant located at 5254 Faculty Avenue, Lakewood CA 90712, at any time during the period May 2, 2012 to April 7, 2014, and you were provided an electronically printed receipt at the point of a sale or transaction on which receipt was printed the expiration date of your credit card or debit card.

What Are The Settlement Benefits?

If you are a Class member, you may be entitled to one Gift Card in the amount of $50.00. However, you must timely submit a claim to receive a Gift Card.

Please refer to the section below entitled "What Are My Options" to learn more about your options, including what you need to do to receive a Gift Card.

Each Gift Card shall be fully transferable (including saleable) to any and all other persons and shall not expire. Unless redemption of any remaining amount on a valid Gift Card is not honored, the cards are not redeemable for cash and may only be used to make the purchase of any good or service from any of the following Super Mex's store locations ("4 Eligible Super Mex Stores"): (1) Super Mex, 5254 Faculty Avenue, Lakewood CA 90712, (2) Super Mex, 250 W. Orangethorpe Avenue, Fullerton, CA 92832, (3) Super Mex, 4711 E. 2nd Street, Belmont Shore, CA 90803, and (4) Super Mex, 732 E. 1st Street, Long Beach, CA 90802. If there is a change of ownership, restructuring or any other event or reason whereby the redemption of any remaining amount on a valid Gift Card is not honored, the remaining amount on each and every such Gift Card shall be redeemable as cash and payable immediately by Super Mex.

Super Mex shall also implement a written policy which states that it will not print more than the last five digits of the credit or debit card number nor the credit or debit card expiration date upon any printed receipt provided to any customer that uses a credit or debit card to transact business with Super Mex.

What Are My Options?

If you are a Class member you have five options which are summarized below. The Full Notice document, a copy of which is available on this website by clicking on the appropriate link, explains your options in greater detail. Please refer to the Full Notice for further details.

Option One: Submit a claim for one Gift Card in the amount of $50.00. To obtain a Gift Card, you must timely submit a claim. You may submit your claim through this website, by postal mail, or by facsimile.

If you submit your claim through this website, you must complete and submit an electronic version of the Claim Form (and upload and submit the required documentation) by no later than 11:59 p.m. Pacific Time on August 13, 2016.

If you are mailing the Claim Form, your completed Claim Form (together with the required documentation) must be mailed to the following address postmarked no later than August 13, 2016::

CHANT & COMPANY
A Professional Law Corporation
1010 N. Central Ave.
Glendale, CA 91202

If you would like to submit your claim by facsimile, you must send your Claim Form (together with the required documentation) by facsimile to the following facsimile number 1-877-574-9411, by no later than 11:59 p.m. Pacific Time on August 13, 2016.

Regardless of how you submit your claim, the Claim Form requires you to provide proof in either one of the following two ways:

     (1) You may attach an original or a copy of your customer receipt that contains the expiration date of your credit or debit card and shows that you made a transaction, at any time during the period May 2, 2012 to April 7, 2014, at Super Mex's Lakewood location;

     OR

     (2) You may attach an original or a copy of your credit or debit card statement showing that you made a transaction at Super Mex's Lakewood location at any time during the period May 2, 2012 to April 7, 2014. Before providing your statement or copy of your statement, please redact (meaning you may white-out or mark-over) information contained in your credit or debit card statement to prevent it from showing things like your account numbers, your other purchases, etc. The only information that is required to show on your statement for purposes of making a claim under this Settlement is your name, address, and all of the details of your transaction from Super Mex, including the date and amount of your purchase.

You may make only one claim regardless of whether you have made one or more than one eligible credit or debit card transaction. Accordingly, if you had more than one eligible transaction you only need to provide proof of either one receipt or one statement showing that you made one credit or debit card transaction at Super Mex's Lakewood location at any time during the period May 2, 2012 to April 7, 2014.

By submitting your claim for a Gift Card in the amount of $50.00, you agree to the release of claims contained in the Full Notice under the heading "What Am I Giving Up to Receive Settlement Benefits?", which describes exactly the legal claims that you give up. You will not be responsible for any out-of-pocket costs or attorney fees concerning this lawsuit if you remain in the Class and submit your claim.

Option Two: Do nothing. If you do nothing, you will NOT receive a Gift Card and you will remain in the Class and be bound by the terms of the Settlement and all of the Court's orders. This also means that if the proposed Settlement is approved by the Court, you agree to the release of claims contained in the Full Notice under the heading "What Am I Giving Up to Receive Settlement Benefits?", which describes exactly the legal claims that you give up. You will not be responsible for any out-of-pocket costs or attorney fees concerning this lawsuit if you remain in the Class.

Option Three: If you don't want to receive benefits from this Settlement, but you want to keep the right to sue Super Mex Restaurants, Inc. or any of the other persons or entities referenced in the "Release by the Settlement Class" paragraph contained in the Full Notice, about the issues in this case, then you must take steps to exclude yourself from the Settlement. To exclude yourself from the Settlement you must include your name, address, telephone number, and your signature on correspondence requesting that you be excluded as a Class member from Raffi Kevorkian, et al. v. Super Mex Restaurants, Inc., et al., L.A.S.C. Case No. BC559619. To be effective, you must mail your request for exclusion, postmarked no later than April 15, 2016, to Class Counsel at the following address: Chant Yedalian, CHANT & COMPANY A Professional Law Corporation, 1010 N. Central Ave., Glendale, CA 91202.

If you request to be excluded from the Settlement, then: (a) you will not be a part of the Settlement; (b) you will have no right to receive any benefits under the Settlement; (c) you will not be bound by the terms of the Settlement; and (d) you will not have any right to object to the terms of the Settlement or be heard at the fairness hearing.

Option Four: If you are a Class member, you can object to the Settlement if you do not like any part of it. You must give reasons why you think the Court should not approve it. You can also object to the Class Representative's application for service (or incentive) awards. You can also object to Class Counsel's motion for attorney's fees and costs. The Court will consider your views. To object, you must send a letter saying that you object to the proposed settlement of Raffi Kevorkian, et al. v. Super Mex Restaurants, Inc., et al., L.A.S.C. Case No. BC559619. Your letter must contain all of the information described in the Full Notice and you must mail your objection to the Court, Class Counsel, and Super Mex's Counsel, addressed to each of their respective addresses contained in the Full Notice. Objections to the Settlement must be postmarked no later than April 15, 2016. Objections to the Class Representative's application for service (or incentive) award, and/or to Class Counsel's motion for attorney's fees and costs must be postmarked no later than May 26, 2016. You can object only if you do not exclude yourself from the Settlement.

Option Five: You may ask the Court for permission to speak at the fairness hearing. To do so, you must send a letter saying that it is your "Notice of Intention to Appear in Raffi Kevorkian, et al. v. Super Mex Restaurants, Inc., et al., L.A.S.C. Case No. BC559619." Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than May 26, 2016, and must be sent to the Clerk of the Court, Class Counsel, and Super Mex's Counsel, at the three addresses contained in the Full Notice under the heading "How Do I Tell the Court That I Don't Like the Settlement?" You cannot speak at the fairness hearing if you exclude yourself from the Class.

Please refer to the Full Notice which explains your options in greater detail. Please also refer to the Full Notice for important dates, deadlines, addresses and additional information.

You may view and print the documents available on this website by clicking on the appropriate link. The documents are in Adobe PDF format. If your computer is not already configured with the Adobe software required to view and print these documents, you may obtain the Adobe software for free by clicking on the logo below.

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The Court's Fairness Hearing

The Court will hold a final approval and fairness hearing on June 16, 2016 to decide whether it will approve the Settlement.

How Can I Get More Information?

You may obtain further information by reading the documents available on this website, or by calling or writing Class Counsel as follows: Chant Yedalian, Esq., Chant & Company A Professional Law Corporation, 1010 N. Central Ave., Glendale, CA 91202, Telephone: 1-877-574-7100.



IMPORTANT DATES

Date
April 15, 2016 Request For Exclusion Deadline: If you would like to be excluded from this Settlement, your request for exclusion must be mailed and postmarked no later than this date.
April 15, 2016 Objection Deadline: Objections to the Settlement must be mailed and postmarked no later than this date.
May 26, 2016 Objection Deadline: Objections to the Class Representative's application for service (or incentive) award, and/or to Class Counsel's motion for attorney's fees and costs must be mailed and postmarked no later than this date.
May 26, 2016 Permission To Speak At Fairness Hearing Deadline: Requests for permission to speak at the fairness hearing must be mailed and postmarked no later than this date.
June 16, 2016 The Court's Fairness Hearing Date: The Court will hold a hearing on this date to decide whether it will approve the Settlement
August 13, 2016 Claim Deadline: This is the last date to submit a claim for one Super Mex Gift Card in the amount of $50.00.