Visa/MasterCard Interchange Fee Litigation – May 28, 2013 Deadline to Respond to Class Action Settlement Agreement


All entities that accept Visa- or MasterCard-branded credit and/or debit cards must decide, on or before May 28, 2013, how to respond to the settlement agreement with Visa and MasterCard on behalf of a class covering merchants who accept Visa- or MasterCard-branded payment cards in the United States. The decision by any entity covered by the settlement to accept the settlement offer, to opt-out of the settlement class, and/or to object to the terms of the settlement agreement necessarily involves a complex cost-benefit analysis of the value to be received by such entity compared to the value of the rights released by such entity under the settlement agreement. As a result, any entity that accepts Visa- or MasterCard-branded credit and/or debit cards is advised to carefully review the terms of the proposed settlement so as to be in a position to make a considered decision regarding the exercise of its opt-out and objection rights regarding the settlement.

On November 27, 2012, the United States District Court for the Eastern District of New York issued an order granting preliminary approval of the Definitive Class Settlement Agreement dated October 19, 2012 (the “Class Settlement Agreement”) among class plaintiffs and defendants in the putative class actions and individual plaintiff actions consolidated as In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, No. 05-MD-1720-JG-JO (“Interchange Fee Litigation”). The Interchange Fee Litigation proceedings involved claims alleging that Visa and MasterCard, separately, and together with various financial institutions, violated antitrust laws and caused merchants to pay excessive fees for accepting Visa and MasterCard credit and debit cards, including by agreeing to set, apply and enforce default interchange fees, limiting what merchants could do to encourage customers to use other forms of payment, and continuing such conduct after Visa and MasterCard changed their corporate structures.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ropes & Gray LLP | Attorney Advertising

Written by:


Ropes & Gray LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.