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Welcome to the Leowardy v. Oakley, Inc., et al. Class Action Settlement Administration website.
The purpose of this website is to provide information to Class Members in the Leowardy v. Oakley, Inc., et al. Class Action Settlement. Stephanie Leowardy (“Plaintiff”) has brought a class action lawsuit asserting that Oakley violated the Fair and Accurate Credit Transactions Act, 15 U.S.C. §1681c(g) (“FACTA”), by printing the expiration date of cardholders’ credit or debit cards on customer credit or debit card receipts between January 1, 2005 and January 16, 2007. The complaint, Leowardy v. Oakley, Inc., et al., Case No. SACV 07-53 CJC (ANX) (the “Oakley Action”), was filed on January 11, 2007, and is on file and available for review at the U.S. District Court at 411 West Fourth Street, Santa Ana, CA 92701-4516.
Oakley denies any liability or wrongdoing. Oakley maintains that Plaintiff’s FACTA case lacks merit because its printing of expiration dates on receipts was not “willful,” as alleged by Plaintiff. Oakley further contends that the penalties under FACTA are unconstitutionally excessive. Oakley contends that no settlement class member has sustained any actual monetary injury as a result of the conduct alleged by Plaintiff. Likewise, Plaintiff has not alleged that she or settlement class members suffered actual monetary loss, and she and her counsel are unaware of any actual monetary injury to any settlement class member in this case. Plaintiff is not seeking to recover actual damages, but rather is seeking statutory damages, which are recoverable upon proof of willful FACTA violations. Despite each party’s vigorous assertion of their respective positions, due to the unpredictability, risks, and high costs of litigation, the parties have determined that a settlement of this case is in their best interests. In order to resolve the Action, and forever resolve these claims, Defendants have agreed to the settlement described in the Class Notice.
This site provides the following information: