HomeMy WebLinkAboutResolution No. R2022-21RESOLUTION NO. R2022-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS,
APPROVING A NOTICE OF INTENTION TO OPT OUT OF THE CLASS ACTION
LITIGATION B&R SUPERMARKET, INC., ET AL. V. VISA, INC., ET AL., CASE NO, 17-CV-
02738 IN THE U.S. DISTRICT COURT, EASTERN DISTRICT OF NEW YORK; DIRECTING
THE CITY ATTORNEY TO FILE SUCH NOTICE WITH THE CLASS ACTION SETTLEMENT
ADMINISTRATOR; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, B&R Supermarket, Inc., et al. v. Visa, Inc., et al., Case No. 17-cv-02738 in the U.S. DisGict
Court, Eastern District ofNely York (the "Lawsuit") has been certified as a class action lawsuit; and
WHEREAS, the lawsuit alleges that the Defendants Visa, Mastercard, American Express, and Discover
violated antitrust laws by illegally acting in concert in shifting the liability for certain fraudulent charges on their
networks to merchants when the card was enabled with EMV/chip technology and the merchant's terminal was not
enabled for EMV/chip technology; and
WHEREAS, the City of Friendswood has been identified as an Initial Class Member, as it incurred a
chargeback on a credit/debit card transaction between October 1, 2015, and September 30, 2017; and
WHEREAS, the City can choose to remain a member and participate in the lawsuit or opt out of the class
and not participate in the lawsuit; and
WHEREAS, after considering the lawsuit, the City Council believes that it is in the best interest of the City
and its citizens to opt out of the class; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS:
Section 1. That the facts and matters set forth in the recitals of this resolution are hereby found to be
true and correct.
Section 2. That the City Council elects to exclude itself from the Class by opting out of the Lawsuit. As
such, the City Council hereby authorizes the Mayor to execute the Opt -Out Form, which is attached hereto as Exhibit
"A" and incorporated herein for all intents and purposes (the "Notice").
Section 3. That the City Attorney is directed to submit the Opt Out Letter to FLS Litigation
Administrator, P.O. Box 6430, Portland, OR 97228-6430, on or before August 31, 2022.
Section 4. That this resolution shall be effective immediately upon its passage and approval.
PASSED, APPROVED and ADOPTED by the affirmative vo f the City Council of the City of
Friendswood on this the 1111 day of July, 2022. 1
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APPROVED AS TO
H:\City CouncilUtesolulions12022\07-I 1-2022\Resolution -Opt out of Mtihust Lawsnildocx
Exhibit "A"
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July 1 I, 2022
FLS Litigation Administrator
P.O. Box 6430
Portland, OR 97228-6430
Re: Opt Out Request Letter
B&R Supermarket, Inc., el al. v. Visa, Inc., et al., Case No. 17-cv-02738 in the U.S. District
Court, Eastern District of New York
Dear Sir or Madam:
Class Member
Full name: City of Friendswood
Address: 910 S. Friendswood Drive, Friendswood, TX 77546
Telephone Number: 281-996-3200
Tax Id: —
The Ciry of Friendswood falls within Class Member definition but wishes to keep the right to sue
or continue to sue the Settling Defendants about the legal issues in the above -referenced case. As such, the
City of Friendswood desires to be excluded from the class in B&R Supermarket, Inc., et al. v. Visa, Inc., et
aI., Case No. 17-cv-02738 in the U.S. District Court, Eastern District of New York.
Please accept this letter as the City of Friendswood's decision to opt out of the above -referenced
lawsuit. As Mayor of the City of Friendswood, I have been duly audrorized and directed by the City Council
of the City of Friendswood, Texas, to execute this Opt Out Request Letter and take other actions necessary
to exclude the City of Friendswood from this Class Action.
If you have any questions or need any further information, please do not hesitate to contact me.
Sincerely,
Mike Foreman
Mayor
Date:
H:\City ConncilViesolutions\2022\07-11-2022\Opt Out Letter Re nfiR Supemmrket.dacs