Armes v. Sogro, Inc

NOTICE OF CLASS ACTION

Armes v. Sogro, Inc. d/b/a Budget Host Diplomat Motel
Case No 08 C 244

Welcome to the information website for Armes v. Sogro, Inc. This website describes the lawsuit between Chris Armes (“Plaintiff”) and Sogro, Inc. d/b/a Budget Host Diplomat Motel (“Defendant”) related to credit and debit card transactions made at Defendant’s motel after December 4, 2006 (“Class Period”).

Defendant’s motel is located at 1060 Wells St., Lake Geneva, WI 53147.

We have tried to design this website to help you get information about this case. If necessary, however, you can also contact Class Counsel for further information:

Paul F. Markoff
Markoff Leinberger LLC
134 N. LaSalle Street, Ste. 1050
Chicago, IL 60602
312.726.4162

DO NOT CONTACT THE COURT FOR INFORMATION.

This case is currently pending in the United States District Court for the Eastern District of Wisconsin as case no. 08 C 244. The judge is Charles N. Clevert, Jr. To see a copy of the current Complaint, click here.

Plaintiff alleges Defendant violated a provision of the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681c(g), (“FACTA”) by providing cardholder consumers with electronically-printed credit or debit card receipts that displayed more than the last 5 digits of the cardholders’ card number and displayed the cardholders’ card expiration dates. FACTA prohibits merchants from providing to consumers electronically-printed credit/debit card receipts that display more than the last 5 digits of a card number and prohibits receipts that display card expiration dates. Defendant denies any liability to Plaintiff and Class Members and denies any wrongdoing of any kind relative to the allegations of the lawsuit. To see a copy of Defendant’s Answer and Affirmative Defenses, click here.

The Court has not ruled on the merits of the case yet, but it has certified this case as a class action on behalf of the following people (“Class” or “Class Members”):

All persons to whom Sogro, Inc. d/b/a Budget Host Diplomat Motel provided an electronically printed receipt at the point of sale or transaction, in a transaction occurring after December 4, 2006, which receipt displayed more than the last five digits of the person’s credit card or debit card number.

The Court has appointed Plaintiff as the Class Representative and has appointed the following as Class Counsel: Lance Raphael, Stacy Bardo and Allison Krumhorn of The Consumer Advocacy Center, P.C.; and Paul Markoff of Markoff Leinberger LLC. To see a copy of the Court’s decision certifying the Class, click here.

Because the case was certified as a class action, notice must be provided to Class Members. To see a copy of the publication notice, click here.

All Class Members have three options:

Opt-Out of the Class by August 3, 2012.	You will not share in a recovery, if any, by the Class through settlement or judgment; and (2) you will not be bound by a judgment against the Class, if any. This is the only option that allows you separately to sue Defendant for any purported violation of FACTA. Click here for instructions on how to Opt-Out.
Do nothing.	You will remain a member of the Class, you will be represented by the Class Representative and Class Counsel, you will be able to seek damages from Defendant, and you will be bound by the judgment of the Court in this case, whether favorable or unfavorable.
Hire an attorney	You may remain in the Class and hire your own attorney at your own expense, but you do not need to, because you will be represented by Class Counsel.

Frequently Asked Questions and Answers

1. What is this lawsuit about?

Chris Armes (“Plaintiff”), on behalf of all members of the Class, has asserted that Defendant failed to meet certain requirements imposed by FACTA. Specifically, Plaintiff claims that Defendant printed on, and provided to him, a receipt displaying his entire debit card number and the expiration date of his debit card and that such actions were in violation of FACTA. Plaintiff has not alleged any actual monetary damage. In the absence of actual monetary damages, in order for Plaintiff to prevail, the Court would have to find that Defendant willfully violated FACTA. Defendant denies any liability or wrongdoing. For more information, you may contact Plaintiff’s attorneys (“Class Counsel”) at 312.726.4162.

2. What is a class action?

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The “Class Representatives” are also called “Plaintiffs.” The Class Representatives and the people who have similar claims are called the “Class.” Each member of the Class is called a “Class Member.” One Court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class.

3. Why is this lawsuit a class action?

Cases can be approved as class actions for trial or settlement. Here, the Court has decided that the case meets the requirements for the case to proceed as a class action, so the claims of all Class Members can be decided in a single lawsuit. Plaintiff was appointed the Class Representative.

4. Who is a Class Member?

The Court certified the following Class, and everybody who fits the description is a Class Member:

5. What is a Class Period?

The Class Period is the time period covered by the lawsuit. In this case, the beginning of the Class Period is December 4, 2006, the effective date of FACTA as it relates to Defendant.

6. Who is excluded from the Class?

Everybody fitting the description in #4 and #5 above is part of the Class, unless they expressly choose to exclude themselves from the Class by following the directions in #12 below.

7. Do I have a lawyer representing my interests?

Yes. Plaintiff and the Class are represented by the following attorneys, known as Class Counsel:

Lance A. Raphael
Stacy M. Bardo
Allison A. Krumhorn
The Consumer Advocacy Center, P.C.
180 W. Washington St., Ste. 700
Chicago, IL 60602
312.782.5808 (p)
312.377.9930(f)

Paul F. Markoff
Markoff Leinberger LLC
134 N. LaSalle St., Ste. 1050
Chicago, IL 60602
312.726.4162 (p)
312.277.2507 (f)

8. Should I get my own lawyer?

You do not need to hire your own lawyer because Class Counsel are legally required to represent the interests of all Class Members. But you may hire your own lawyer, at your own expense.

9. What if I still have questions?

Please contact Paul Markoff at 312.726.4162. Please do not call or write the Court with questions.

10. Has the Court decided who is right in this case?

No. The Court has not decided who will win the lawsuit. Plaintiff and Defendant each believe they will win the case at or before trial. All the Court has decided is that all Class Members’ claims are similar enough that they should be handled in a single lawsuit.

11. What do I have to do to remain a Class Member?

Nothing.

12. What if I don’t want to be a Class Member?

You can exclude yourself from the Class by submitting a letter, signed and dated, stating “I want to be excluded from the Class in Armes v. Sogro/Budget Host” and mailing it to the following:

Paul F. Markoff
Markoff Leinberger LLC
134 N. LaSalle Street, Ste. 1050
Chicago, IL 60602

Your letter must be postmarked by August 3, 2012.

13. What do I give up by excluding myself from the Class?

If you opt out of the Class, you will not be eligible to receive any benefits if the lawsuit is settled or won by Plaintiff. You also will not be bound by any adverse decisions by the Court. However, you will be able to pursue, on your own or through your own attorney, any claims that you may have against Defendant and will not be bound by any rulings of the Court in connection with this lawsuit.

14. What happens if I do nothing at all?

You will remain a Class Member and be bound by all Court rulings in this case, whether favorable or unfavorable. You will not able to pursue on your own any FACTA claims you may have against Defendant.

15. What if I have moved or I move before the case is decided?

Please contact Class Counsel at 312.726.4162 to update your contact information.

DO NOT CALL THE COURT WITH QUESTIONS