Albert Viesse, et al. v. Saar's Inc., et al.
Saar's Settlement
Case No. 17-2-07783-6 SEA

Frequently Asked Questions

 

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  • A class action lawsuit is pending against Saar's.  The lawsuit alleges that Saar's 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 transaction receipts the expiration date of its customer's credit card or debit card.   Saar's 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 Saar's.  Instead, both sides 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.  Saar's does not admit any violation of FACTA by agreeing to the proposed Settlement.

  • In a class action, one or more people called Class Representatives sue on behalf of a group of people (referred to as the Class) who have similar claims.  One court resolves the issues for all of the people who are a part of the Class (referred to as Class members), except for those people who exclude themselves from the Class.  The Class Representative in this case is Albert Viesse. 

  • You are a member of the Class if you are an individual who used a personal credit card or debit card for a credit transaction at any Saar's or Super Saver Foods stores during the period July 20, 2014 through July 18, 2016, and you were provided an electronically printed receipt on which was printed the expiration date of your credit card or debit card.

  • The specific Saar's and Super Saver Foods stores (the "Saar's Stores") involved in this Settlement are as follows:

     

    Super Saver Foods
    1702 Auburn Way North
    Auburn, WA 98002

     

    Saar's
    32199 State Route 20
    Oak Harbor, WA 98277

     

    Saar's Super Saver Food
    3208 NE Sunset Blvd.
    Renton, WA 98056

     

    Super Saver Foods
    10616 16th Ave. SW
    Seattle, WA 98146

     

    Saar's
    13322 Pacific Ave.
    Tacoma, WA 98168

     

    Super Saver Foods
    3725 South 144th St.
    Tukwila, WA 98168

     

  • If you are a Class member, you may be entitled to one Saar's Gift Card in an amount up to $75.00.

    Each Saar's Gift Card shall be fully transferable (including saleable) to any and all other persons and shall not expire.  The Saar's Gift Cards are not redeemable for cash and may only be used to make the purchase of any good or service from any of the Saar's Stores. 

    If the Court approves the proposed Settlement, Saar's 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 Saar's.   

  • You may submit a Claim Form electronically (including uploading and submitting the required documentation) on the Submit a Claim page by no later than 11:59 p.m. Pacific Time on May 12, 2018.

    You may also download a Claim Form from the Key Documents page and return to the Settlement Administration (together with the required documentation) by mail or fax to the below address postmarked no later than May 12, 2018:

    Saar's Settlement
    c/o JND Legal Administration
    P.O. Box 91343
    Seattle, WA 98111 
    Fax: 1-844-327-5615

     

  • You may make only one claim regardless of whether you have made one or more than one eligible credit transaction (either using a credit card or debit card). 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 transaction at any Saar's or Super Saver Foods store at any time during the period July 20, 2014 through July 18, 2016.

  • The Claim Form requires you to provide proof in either one of the following two ways:

    Option (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 credit transaction from any Saar's or Super Saver Foods store at any time during the period July 20, 2014 through July 18, 2016;

     OR   

    Option (2): You may attach an original or a copy of your credit or debit card statement showing that you made a credit transaction at any Saar's or Super Saver Foods store at any time during the period July 20, 2014 through July 18, 2016.  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 any Saar's or Super Saver Foods store, including the date and amount of your purchase. 

    Although you may submit either the original or a copy of either your receipt or card statement, if you decide to send an original, it is encouraged that you make and keep a copy for yourself.  We will not be responsible for original documents that are lost. 

  • If the Court approves the proposed Settlement and the decision becomes final, Saar's Gift Cards will be distributed no later than 60 days after the last day to submit Claim Forms or the Settlement Date, whichever is later. Please be patient. 

  • Saar's will establish a settlement fund in the amount of $475,000 in Gift Card value (the "Settlement Fund").  The Settlement Fund will be divided by the total number of Settlement Class members who submit a valid and timely claim to determine each claiming Settlement Class member's pro-rata share (the "Pro-Rata Share").  In the event the Pro-Rata Share is equal to or exceeds $75, each Settlement Class member who submits a valid and timely claim will be mailed a Saar's Gift Card in the amount of $75, the value of which will be paid and deducted from the Settlement Fund.  In the event the Pro-Rata Share is less than $75, each Settlement Class member who submits a valid and timely claim will be mailed a Saar's Gift Card in the amount of the Pro-Rata Share, to be paid and deducted from the Settlement Fund. 

    The Parties have agreed on a plan that requires at least a minimum of 4,000 Saar's Gift Cards (valued at $300,000) to be distributed and for the disposition of the anticipated residue.  Thus, if a total of less than 4,000 valid claims are made by Settlement Class members, the number of valid claims shall be deducted from 4,000 and the resulting amount shall be the number of Gift Cards (at $75 value per Gift Card) that shall be distributed in an appropriate cy pres distribution, over the course of a consecutive 6 year distribution period (with equal distributions made for each of the 6 consecutive years). 

    The cy pres distribution will consist of the distribution to the following charities in equal shares: White Center Emergency Food Association; North Whidbey Help House; Lake Stevens Community Food Bank Association; Auburn Food Bank; Bremerton Food Line; Nourish Pierce County (Nourish Mobile Food Bank).

    All administration costs (including but not limited to card issuance, printing and envelope charges) will be paid for separately by Saar's. 

  • Unless you excluded yourself, you are a Class member, and that means 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 Saar's Inc. or any of the other persons or entities referenced in the "Release by the Settlement Class" paragraph below, about the issues in this case.  You will not be responsible for any out-of-pocket costs or attorneys' fees concerning this case if you stay in the Class.  

  • The deadline to opt out of the Settlement was January 12, 2018.

  • No.  Unless you excluded yourself from the Settlement, you give up the right to sue Saar's Inc. and the other persons and entities referenced in the "Release by the Settlement Class" paragraph above, for the claims that this Settlement resolves.  If you have a pending lawsuit against Saar's Inc. or any of the other persons or entities referenced in the "Release by the Settlement Class" paragraph above, for any of the claims that this Settlement resolves, speak to your lawyer in your case immediately.  You must have excluded yourself from this Settlement to continue your own lawsuit.  Remember, the exclusion deadline was January 12, 2018.

  • The deadline to object to the Settlement was January 12, 2018.

  • If you objected to the Settlement, you were required to mail your objection to the Court, Class Counsel, and Saar's Counsel, addressed to each of the respective addresses listed below. The deadline to object to the Settlement was January 12, 2018.  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 February 2, 2018.

    Court Class Counsel Saar's Counsel

    Clerk of the Court for the
    Hon. Samuel S. Chung
    King County Superior Court
    For the State of Washington
    516 3rd Ave., Room C-203
    Seattle, WA 98104

    Chant Yedalian
    Chant & Company
    A Professional Law Corporation
    1010 N. Central Ave.
    Glendale, CA 91202

    Chelsea Petersen
    Perkins Coie LLP
    1201 Third Ave., Suite 4900
    Seattle, WA 98101

     

  • Objecting is simply telling the Court that you don't like something about the Settlement. You can object only if you stay in the Class. 

    Excluding yourself is telling the Court that you don't want to be part of the Class.  If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

  • If you do nothing, 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 set forth in this case.  You will not receive any benefits under the Settlement.

  • The Court appointed lawyers to represent you and other Class members.  These lawyers are called Class Counsel.  Class Counsel is Chant Yedalian of Chant & Company A Professional Law Corporation and James A. Sturdevant.  You will not be charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense. 

  • Class Counsel will ask the Court to approve payment of up to $140,000 for attorneys' fees and costs.  The fees and costs would pay Class Counsel for investigating the facts, prosecuting the lawsuit, negotiating the Settlement, causing Saar's to change its practice and to implement a new written policy concerning FACTA, and implementing the Settlement.  Class Counsel will also ask the Court to approve payment of up to $5,000 to Albert Viesse for his services as a Class Representative.  These payments, if and when awarded by the Court, will be paid separately by Saar's.

  • The Court will hold a fairness hearing at 11:00 a.m. on March 2, 2018, at King County Superior Court, 516 3rd Avenue, Seattle, WA 98104, in Courtroom W-1060, before Judge Samuel S. Chung.  Please note that the Judge, time and Courtroom may change; therefore please refer to www.SaarsSettlement.com for any updated information.  At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether the Class Representative and Class Counsel have fairly, adequately, reasonably and competently represented and protected the interests of the Class.  If there are objections, the Court will consider them.  After the hearing, the Court will decide whether to approve the Settlement, including fees and costs to Class Counsel and service payment to the Class Representative.  Class Counsel does not know how long these decisions will take.

  • No.  Class Counsel will answer any questions that the Court may have.  But you are welcome to come to the hearing at your own expense.  You may also pay your own lawyer to attend, but it's not necessary.

  • 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 Viesse, et al. v. Saar's Inc., et al., Case No. 17-2-07783-6 SEA."  Be sure to include your name, address, telephone number, and your signature.  Your Notice of Intention to Appear must be sent to the Clerk of the Court, Class Counsel, and Saar's Counsel, at the three addresses listed above under the heading "How Do I Tell the Court That I Don't Like the Settlement?"  To be timely, a Notice of Intention to Appear concerning Class Counsel's motion for an award of attorney's fees and costs and/or the Class Representative's motion for service (or incentive) award must be postmarked no later than February 2, 2018.  To be timely, a Notice of Intention to Appear concerning any other matter about the Settlement must be postmarked no later than January 12, 2018. The deadline has passed.

    You cannot speak at the fairness hearing if you excluded yourself from the Class.

  • For more information, you may visit the Key Documents page of this website, or call the Settlement Administrator toll-free at 1-844-877-5831.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Saar's Settlement
c/o JND Legal Administration
PO Box 91343
Seattle, WA 98111