This official website is maintained by the Settlement Administrator for Cliatt, et al. v. Hibbett Retail, Inc., et al., Case No. CV-2022-900008 pending in the Circuit Court of
Barbour County, Alabama, Eufaula Division.
The information contained on this website is only a summary. For additional details, please read the Long Form Notice
available here. This is only a summary.
Your rights may be affected by a class action settlement.
The class action lawsuit alleged that receipts issued by Defendants at its Hibbett, City Gear and Sports Additions stores for point-of-sale credit and debit card transactions displayed
more than the last 5 digits of the card number, in violation of FACTA. The Court has not decided who is right. More information can be found in the
Long Form Notice available on this website.
Generally, a settlement avoids the costs and uncertainty of trial and related appeals, while providing benefits to Settlement Class Members when the Settlement becomes final. Here, the Court has not decided in favor of Plaintiffs or Hibbett. The Settlement Class Representatives and Class Counsel think the Settlement is in the best interests of everyone affected.
All persons in the United States (i) who, when making payment at a Hibbett, City Gear, or Sports Additions retail store located in the United States, (ii) made such payment using a credit or debit card (iii) and for whom Hibbett, City Gear, or Sports Additions printed a point-of-sale receipt (iv) which displayed more than the last 5 digits of the credit or debit card (v) between December 15, 2020, and February 23, 2022.
Notwithstanding the foregoing, this class specifically excludes persons in the following categories: (A) The judge presiding over this case and the judges of the appellate court; (B) the spouses of those in category (A); (C) any person within the third degree of relationship of those in categories (A) or (B); (D) the spouses of those within category (C); and (E) any person whose claim is subject to discharge in a pending bankruptcy proceeding or has been discharged as part of a closed bankruptcy proceeding.
Generally, a settlement avoids the costs and uncertainty of trial and related appeals, while providing benefits to Settlement Class Members when the Settlement becomes final. Here, the Court has not decided in favor of Plaintiffs or Hibbett. The Settlement Class Representatives and Class Counsel think the Settlement is in the best interests of everyone affected.
Who Is Included
The Court has certified this case for settlement purposes only as a class action. The class (the “Settlement Class”) is defined as:All persons in the United States (i) who, when making payment at a Hibbett, City Gear, or Sports Additions retail store located in the United States, (ii) made such payment using a credit or debit card (iii) and for whom Hibbett, City Gear, or Sports Additions printed a point-of-sale receipt (iv) which displayed more than the last 5 digits of the credit or debit card (v) between December 15, 2020, and February 23, 2022.
Notwithstanding the foregoing, this class specifically excludes persons in the following categories: (A) The judge presiding over this case and the judges of the appellate court; (B) the spouses of those in category (A); (C) any person within the third degree of relationship of those in categories (A) or (B); (D) the spouses of those within category (C); and (E) any person whose claim is subject to discharge in a pending bankruptcy proceeding or has been discharged as part of a closed bankruptcy proceeding.
If you meet the definition of “Who is Included?” as detailed above, you ARE a class member. You will remain a class member if you do nothing
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: | |
|---|---|
| SUBMIT A CLAIM FORM | If you submit a valid Claim Form by February 8, 2023, you will receive the Settlement Benefit, and will give up certain rights to sue the Defendants. |
| EXCLUDE YOURSELF FROM THE CASE | This is the only option that allows you to sue Defendants on your own regarding the legal claims in this case, but you will not receive compensation under the Settlement. The deadline for excluding yourself is December 26, 2022. |
| OBJECT TO THE SETTLEMENT | Write to the Court about why you do not like the Settlement. A Settlement Class Member who objects still remains in the Settlement Class and must submit a claim form in order to obtain a Settlement Benefit. The deadline for objecting is December 26, 2022. |
| DO NOTHING | If you do nothing, you will receive no benefit from the Settlement, but you will still give up certain rights to sue the Defendants. |
| ATTEND THE FINAL APPROVAL HEARING |
The Court will hold a Fairness Hearing on January 9, 2023, at 9:00 a.m., either online or in-person at Barbour County Courthouse – Eufaula, Eufaula, AL 36027. The Court may hold the Fairness Hearing electronically, reschedule the Fairness Hearing, or change any of the deadlines described in the Notice. The date of the Fairness Hearing may change without further notice to the Settlement Class Members. Be sure to check this website, for news of any such changes. |
