If you are a merchant who incurred an unreimbursed EMV/chip Fraud Liability Shift chargeback on a Visa, Mastercard, American Express, or Discover credit or debit card transaction from October 1, 2015 to September 30, 2017, your rights may be affected by Settlements with the Defendants
NEW YORK, Nov. 17, 2025 /PRNewswire/ -- Settlements have been reached with Defendants Mastercard International, Incorporated ("Mastercard"), Visa Inc. and Visa U.S.A. Inc. ("Visa"), Discover Financial Services ("Discover") and American Express Company ("Amex") (collectively, "Defendants") in a class action lawsuit called B & R Supermarket, Inc., et al. v. Visa, Inc. et al., Case No. 1:17-cv-02738-BMC-JAM (E.D.N.Y.). The lawsuit alleges Defendants violated antitrust laws by entering into a conspiracy to adopt the same policy via nearly identical rules for shifting billions of dollars in liability for fraudulent charges, or "chargebacks," from banks to merchants ("Fraud Liability Shift") when a credit or debit card was enabled with EMV/chip technology and the merchant's terminal was not enabled for EMV/chip technology and made the liability shift effective on the same day and in the same manner for all four networks. Defendants deny the legal claims and deny any wrongdoing or liability.
Who Is Included? The Class includes: All merchants who incurred one or more unreimbursed chargeback(s) between October 1, 2015 through and including September 30, 2017, pursuant to the Fraud Liability Shift for the assessment of Mastercard, Visa, Discover and/or Amex payment card chargebacks. Excluded from the Class are members of the judiciary and government entities or agencies. Any class members who previously excluded themselves from this lawsuit by filing a request for exclusion consistent with the requirements set forth in the Order Granting Unopposed Motion for Approval of Proposed Class Notice and Notice Plan dated June 3, 2022, are no longer included in the Class and will not be able to file a Claim Form in the future for the Settlements.
What Do the Settlements Provide? Defendants have each reached settlements totaling a combined $231.7 million.
Can I Get a Payment Now? No. There will be no payments to Class members at this time. Class members will be notified later of an opportunity to file a Claim Form from the Settlements.
Other Options. You may object to the Settlements and/or Class Counsel's request for attorneys' fees and expenses by January 26, 2026. The Long Form Notice on the Settlement Website explains how to object.
The Court will hold a Final Fairness Hearing on April 27, 2026, to consider any objections and whether to approve the Settlements and Class Counsel's requests for attorneys' fees of 33.3% of the $32.2 million class recovery for the Discover and Amex Settlements and 27.5% of the $199.5 million class recovery for the Visa and Mastercard Settlement, plus any applicable interest awarded by the Court and earned on such fees, if any. Class Counsel will also request reimbursement for their litigation expenses (separate from the administrative costs of settlement or notice), not to exceed $5 million, and a service award for each of the three Class Representatives up to $50,000 for their representation of merchants.
You or your lawyer may attend and ask to speak at the hearing if you object and file a Notice of Intention to Appear with the Court, but you are not required to do so. All the Court's orders and any judgments will apply to you and legally bind you.
This notice is a summary. The Settlement Agreements and more information about the lawsuit and Settlements are available at www.FraudLiabilityShiftLitigation.com or by calling toll-free 1-855-662-0073.
URL: www.FraudLiabilityShiftLitigation.com
SOURCE U.S. District Court for the Eastern District of New York
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