T.S. Kao, Inc. d/b/a Lucky 7 Chinese Food v. North
American Bancard, LLC and Global Payments Direct, Inc.

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION

Case No.: 1:16-CV-04219-SCJ

If you are or were a customer of North American Bancard, LLC (“NAB”) and Global Payments Direct, Inc. (Global), you may qualify for benefits from a Class Action Settlement.

Important Dates

July 16, 2019 – Exclusion Deadline.

July 16, 2019 – Objection Deadline.

August 15, 2019 – Claim Filing Deadline. Online claims must be submitted by this date. Mailed claims must be postmarked by this date.

August 20, 2019 – Final Approval Hearing date.

A settlement has been proposed to end a class action lawsuit brought by merchants against North American Bancard, LLC (“NAB”) and Global Payments Direct, Inc. (“Global”) (collectively “Defendants”). The lawsuit, referred to as T.S. Kao, Inc. d/b/a Lucky 7 Chinese Food v. North American Bancard, LLC and Global Payments Direct, Inc., Case No. 1:16-cv-04219-SCJ (N.D. Ga.), contends Defendants overcharged for processing payment card transactions by marking up certain fees by small amounts and adding unauthorized fees. Defendants deny they overcharged merchants or did anything improper.

Under the settlement, if approved by the court, NAB will pay $15,000,000 to be distributed to merchants who contracted with or through Global and received merchant services from NAB at any time from August 31, 2009 through March 31, 2019 or who were referred by NAB to Global during that period. NAB has also agreed to change certain of its business practices, waive contractual provisions requiring payment of its attorneys’ fees in cases that NAB loses, allow you to get attorneys’ fees and expenses from NAB if you prevail in a future lawsuit, and release class members from certain legal claims. In exchange, class members will release claims against NAB and the class action lawsuit will be dismissed.

The estimated minimum amount of your credit is shown on the email or postcard sent to you about the settlement. The amount of your credit may increase.

If you are a current NAB customer, you will automatically receive a cash credit on a future invoice unless you exclude yourself from the settlement. Former customers must file a valid and timely claim by August 15, 2019 to receive a cash payment.

The costs of notice and administration and, if approved by the court, the fees and expenses of the lawyers representing the class and service awards to the class representatives, will be paid out of the $15,000,000 settlement amount.

The court has scheduled a hearing on August 20, 2019 at 10:00 a.m. in Atlanta, Georgia to decide whether to finally approve the settlement and other related matters.

Your legal rights are affected whether you act or don’t act. Please read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

If you are a current customer, you will automatically receive a cash credit on a future invoice and forfeit your right to sue Defendants for the claims being resolved by this settlement.

If you are a former customer, you will receive no compensation and forfeit your right to sue Defendants for the claims being resolved by this settlement.

ACCEPT THE BENEFITS OF THE SETTLEMENT

If you are a current customer, you do not need to do anything to claim the cash credit. The cash credit will appear on a future invoice.

If you are a former customer, you must file a Claim Form to be eligible for a cash payment. This is the only way to receive compensation from the settlement if you are a former customer.

Click here to Submit a Claim Form online.

Click here to download a Claim Form.

Deadline:
August 15, 2019

EXCLUDE YOURSELF

If you ask to be excluded, you will not receive any benefits from the settlement, but you may be able to file your own lawsuit against Defendants for the same claims.

Click here for more information on excluding yourself.

Deadline:
July 16, 2019

OBJECT

You may remain in the case and file an objection telling the court why you do not like the settlement. If your objections are overruled, you will be bound by the settlement.

Click here for more information on objecting the Settlement.

Deadline:
July 16, 2019

These rights and options—and the deadlines to exercise them—are explained in the notice.

he court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the court approves the settlement and after any appeals are resolved. Please be patient.

Please do not contact the court with questions about the settlement.


Contact the Settlement Administrator:

Mail:
NAB Processing Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103

Email: administrator@nabsettlement.com

Phone: 1-855-786-5291