The Court granted final approval of the settlement in a Memorandum and Order, dated October 22, 2009, and, on November 4, 2009, the Court entered a Final Judgment and Order of Dismissal in this case. Eleven appeals have been filed challenging the Court's approval of the settlement. The parties are litigating these appeals before the United States Court of Appeals for the Second Circuit.

The issuance of refund checks for valid, timely claims will not commence until after the appeals are resolved (in favor of the Court-approved settlement), and the Settlement Administrator has validated the claims.

Frequently Asked Questions

Spanish Version: Para leer las preguntas con frecuencia hechas en español, chascar aquí.

The Court granted final approval of the settlement in a Memorandum and Order, dated October 22, 2009, and, on November 4, 2009, the Court entered a Final Judgment and Order of Dismissal in this case. Eleven appeals have been filed challenging the Court's approval of the settlement. The parties are litigating these appeals before the United States Court of Appeals for the Second Circuit. Please visit the "Documents" webpage on this website to obtain a copy of the Memorandum and Order and other documents concerning the settlement.

The issuance of refund checks for valid timely claims will not commence until after the appeals are resolved (in favor of the Court-approved settlement), and the Settlement Administrator has validated the claims.

Any claim form post-marked after May 30, 2008 will be deemed untimely and, pursuant to the Court's October 22, 2009 Order, will be disallowed. Due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or "pro-rated").

The United States District Court has approved the settlement claims procedures described on this website and the information provided in the following Frequently Asked Questions (or "FAQs") concerning the submission of claims, opt-out requests and objections is retained for reference.

Questions Relating to the Lawsuit

Questions Relating to Refunds

Questions Relating to Opt-Outs

Questions Relating to Objections

Agency/Company Process

Other Cases Affected by this Settlement

Are other cases affected by this settlement?

Attorneys' Fees

More Information

How can I get more information?

Questions Relating to the Lawsuit

What is this lawsuit about?(top)

In this case (In re Currency Conversion Fee Antitrust Litigation, MDL No. 1409 (the “MDL Action”), Plaintiffs challenge the setting and disclosure of markups and fees imposed on transactions made in a foreign currency or a foreign country. Foreign transactions made on any of the following cards are included in this lawsuit: Visa- and MasterCard-branded credit cards (including charge cards) and debit/ATM cards (including stored value and payroll cards), and Diners Club-branded credit cards (including charge cards). The Visa-branded cards include Visa-, Interlink-, and Plus-branded credit and debit/ATM cards; the MasterCard-branded cards include MasterCard-, Cirrus-, and Maestro-branded credit and debit/ATM cards. The lawsuit includes the following types of transactions: purchases, cash advances, cash withdrawals and internet transactions (including internet transactions made in the U. S. but with a foreign merchant).

This website is intended to provide information responsive to most questions. Details are provided below regarding who you should contact if you have questions about this case which are not answered here. Please do not contact the Court, the Defendants, or your bank with questions about this case which are not answered here.
What is the status of this litigation?(top)

The Court granted final approval of the settlement in a Memorandum and Order, dated October 22, 2009, and, on November 4, 2009, the Court entered a Final Judgment and Order of Dismissal in this case. Eleven appeals have been filed challenging the Court’s approval of the settlement. The parties are litigating these appeals before the United States Court of Appeals for the Second Circuit. Please visit the “Documents” webpage on this website to obtain a copy of the Memorandum and Order and other documents concerning the settlement.

The issuance of refund checks for valid timely claims will not commence until after the appeals are resolved (in favor of the Court-approved settlement), and the Settlement Administrator has validated the claims.

A brief summary of important dates and deadlines is provided below.

On July 20, 2006, the parties to the lawsuit entered into the Stipulation and Agreement of Settlement (the "Settlement Agreement"). On November 8, 2006, the Hon. William H. Pauley III, United States District Court Judge for the Southern District of New York, entered an Order preliminarily approving the Settlement Agreement (the "Preliminary Approval Order") and an accompanying Memorandum and Order. The Settlement Agreement is still subject to final approval by the Court.

On November 14, 2006, Bernd Bildstein, plaintiff in Bildstein v. MasterCard International Incorporated, No. 03 Civ. 9826 (SDNY, NY) (WHP), a case coordinated with the MDL Action, filed a Notice of Appeal from the grant of preliminary approval and on or about November 22, 2006, he filed his Pre-Argument Statement. On June 6, 2007, the United States Court of Appeals for the Second Circuit stayed the appeal pending final approval of the Settlement Agreement.

Notice to class members of the settlement commenced in January 2007. Notice included mailed notices sent to individual cardholders and mailed notices sent to corporate and government agency cardholders. For certain cardholders, notices were included with their monthly statements from the defendant banks.

On September 24, 2007, the Court entered an order approving a revised schedule, a new publication plan, revised notices, new claim forms, a Revised Class and Settlement Notice Plan (Ex. G to the Settlement Agreement) and a Revised Plan of Administration and Distribution (Ex. H to the Settlement Agreement). A copy of this order can be found by clicking here to the 9/24/07 order.

In late November 2007, the revised notices and claim forms were mailed to all identified customers of the defendant banks who had a foreign transaction on a personal account during the class period. Other class members were able to obtain a notice by going on-line at www.ccfsettlement.com or by mailing your request to the Settlement Administrator at P.O. Box 290, Philadelphia, PA 19105-0290.

The Court set a deadline of May 30, 2008, to file claims for a refund.

The Court set a deadline of February 14, 2008 to exclude yourself from the settlement by submitting the "opt-out" form letter.

The Court set a deadline of February 14, 2008 to object to the settlement.

Since the expiration of the claims submission period on May 30, 2008, the Settlement Administrator has been auditing and validating claims. Please be advised that any claims postmarked or faxed after May 30, 2008 will be considered late and, pursuant to the Court's October 22, 2009 Order, will be disallowed. Also note that due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or "pro-rated"). Please continue to check this website for additional information about the settlement and claims administration as it becomes available.
What is the Plaintiffs' position in the lawsuit?(top)

The representative Plaintiffs in the MDL Action challenge how the prices of credit and debit/ATM card foreign transactions were set and disclosed, including a claim that Visa, MasterCard, their member banks, and Diners Club conspired to set and conceal markups and fees, typically of 1-3%, on foreign transactions. The Plaintiffs also claim that the amount of these markups and fees and the alleged failure to adequately disclose them violated federal and state antitrust, disclosure, unfair competition, deceptive practices, and consumer protection laws, as well as common law and principles of equity. For more detailed information about the Plaintiffs' claims, please review the Third Amended Complaint.
Who are the Defendants?(top)

The Defendants are: Visa, MasterCard, Bank of America, Bank One/First USA, Chase, Citibank, Diners Club, HSBC/Household, MBNA and Washington Mutual/Providian, as well as certain affiliated and predecessor companies.
What is the Defendants' position in the lawsuit?(top)

Defendants deny the Plaintiffs' claims and contend that their markups and fees were properly established and disclosed. They have chosen to settle this case to avoid the inconvenience, expense and uncertainty of litigation.
What time period is covered by the settlement?(top)

February 1, 1996 through and including November 8, 2006.
Who is affected by this settlement?(top)

Any person who held a Visa-, MasterCard- or Diners Club-branded credit, charge or debit/ATM card issued in the United States as of November 8, 2006 is a member of the Settlement Injunctive Class. Those persons who made a foreign transaction on at least one of those cards between February 1, 1996 and November 8, 2006 are members of the Settlement Damages Class. Only members of the Settlement Damages Class were allowed to seek refunds by submitting a claim. If you are only a member of the Settlement Injunctive Class because you did not make a foreign transaction between February 1, 1996 and November 8, 2006, you will still benefit from the settlement, which requires certain disclosures to cardholders concerning the rate used to calculate the U.S. dollar amount owed for a foreign transaction and any fees applied in connection with a foreign transaction.
What is the settlement?(top)

Defendants have created a settlement fund of $336,000,000 to pay valid claims, attorneys' fees and expenses, any service awards to class representatives ordered by the Court, and the costs of administering the settlement and notice. This settlement also includes certain agreements relating to disclosures on billing statements and other documents about foreign transaction pricing (including foreign transaction fees). For more detailed information about the settlement, please review the Settlement Agreement.
What are the amounts of foreign transaction fees estimated to be covered by the settlement?(top)

Plaintiffs estimate that the maximum total amount of foreign transaction fee revenues covered by the settlement is approximately $3.8 billion after reductions for fraud and for defaults on credit card obligations. This $3.8 billion amount includes relevant fees paid on both credit and debit card transactions by members of the Settlement Damages Class from February 1, 1996 through November 8, 2006. The $336 million gross settlement fund represents approximately 9% of the maximum total amount of foreign transaction fees so estimated.

The amounts of foreign transaction fees involved in the litigation could be significantly lower than $3.8 billion if the case were not settled and proceeded to trial. The proposed Settlement Damages Class is larger than the damages class sought by Plaintiffs in the underlying litigation. Furthermore, the amounts of foreign transaction fees involved in that litigation depend upon a variety of factors, including appeals before the United States Court of Appeals for the Second Circuit (which appeals have been stayed subject to final approval of the settlement). For example, the trial court in this matter ruled that many cardholders would be required to arbitrate their claims instead of pursuing them in court. Both the Plaintiffs and Defendants appealed this ruling, and those appeals were pending at the time of the settlement. An appellate order upholding the trial court's ruling would remove from the litigation a substantial portion of the foreign transaction fees described above. And an appellate court order in Defendants' favor could remove even more, or substantially all, of the foreign transaction fees from the litigation and require those cardholders to pursue their claims only in arbitration.

In addition, there is disagreement between the parties as to what portion, if any, of the amounts of foreign transaction fees involved would constitute damages in the litigation even if the case proceeded and Plaintiffs won at trial. Defendants maintain that they did nothing wrong, unlawful or improper and therefore there is no liability. They also say that even if Plaintiffs proved liability, damages would be sharply limited or eliminated altogether by a number of factors including, without limitation, the prices that would have prevailed in the marketplace in the absence of the challenged conduct, the benefits provided to cardholders, Defendants' costs, and Defendants' changed business practices. Plaintiffs contend that, even accounting for Defendants' changed business practices and purported costs and benefits to cardholders, the potential damages are as high as the total amount of foreign transaction fees collected.
What transactions are eligible?(top)

The lawsuit includes the following types of foreign transactions: purchases, cash advances, cash withdrawals and other transactions, such as internet transactions. Transactions made in a foreign currency are eligible. Transactions with foreign merchants are also eligible, even if made in U. S. dollars, so long as an additional amount was charged for the transaction by the card issuer or by Visa, MasterCard, or Diners Club. (Transactions with foreign merchants include internet transactions made in the U. S. but with a foreign merchant, as well as transactions at non-U. S. ATMs.) Transactions must have been made between February 1, 1996 and November 8, 2006 and using a Visa-, MasterCard- or Diners Club-branded card to be eligible for a refund from this settlement.
Do I need to hire a lawyer?(top)

The Court has appointed the lawyers listed below to represent class members. You do not have to hire your own lawyer. But you can if you want to, at your own cost.
Merrill G. Davidoff
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103

Bonny E. Sweeney
Coughlin Stoia, Geller, Rudman & Robbins, LLP
655 West Broadway, Ste. 1900
San Diego, CA 92101
I received a notice; am I being sued?(top)

No.
I did not receive a notice. Does that mean I am not a member of the class?(top)

Not necessarily. Any person who held a Visa-, MasterCard- or Diners Club-branded credit, charge or debit/ATM card issued in the United States as of November 8, 2006 is a member of the Settlement Injunctive Class. Those persons who made a foreign transaction using a Visa-, MasterCard-, or Diners Club- branded credit, charge or debit/ATM card between February 1, 1996 and November 8, 2006 are members of the Settlement Damages Class.
Am I a member of the settlement class?(top)

Any person who held a Visa-, MasterCard- or Diners Club-branded credit, charge or debit/ATM card issued in the United States as of November 8, 2006 is a member of the Settlement Injunctive Class. Those persons who made a foreign transaction using a Visa-, MasterCard-, or Diners Club- branded credit, charge or debit/ATM card between February 1, 1996 and November 8, 2006 are members of the Settlement Damages Class.
I did not travel outside of the United States. Am I still eligible to file a claim?(top)

The answer depends on if you had any type of transaction covered by the settlement. For a description or eligible transaction click here.
How can I get a copy of the notice?(top)

You may obtain a copy of the notice by clicking on the following link Notice or by mailing your request to the Currency Conversion Fee Antitrust Litigation Settlement Administrator at P. O. Box 290, Philadelphia, PA 19105-0290. Please note that the date to file a claim, opt-out of the settlement or object to the settlement has passed.
Why did I receive multiple forms in the mail? Do I need to file all of them?(top)

You may have received more that one Notice with different Refund ID Numbers due to the number of credit cards held during the class period and variations in your name on each card (i.e. Jon Smith, Jonathan Smith, Jonathan E. Smith). Regardless of the number of credit cards you held or the number of forms received, only one claim form encompassing all foreign transactions made on all affected credit cards during the class period would be accepted. You may choose one of the Refund ID Numbers provided to you for the purpose of submitting a claim form and you may discard the other Notices (and Refund ID Numbers) you received. Please note that only the addressee of a Notice containing a Refund ID Number may submit a claim form using that Refund ID Number. In other words, a Refund ID Number may not be shared with a family member who did not receive a Notice containing a Refund ID Number (although joint or shared accounts may be filed on a single claim form).

Please note that any claim form submitted after May 30, 2008 will be deemed untimely. Also note that due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or “pro-rated”). The information provided in these FAQs about the claim submission procedure is retained for reference.
How will the settlement affect my rights if it is approved?(top)

If the settlement receives final court approval and you are a member of the Settlement Injunctive Class, you will be bound by the settlement. If you are a member of the Settlement Damages Class and do not opt out, upon final court approval, you will be bound by the settlement and will release all claims, known or unknown, against each of the Defendants, each of the Visa and MasterCard member banks, and the related entities and individuals of each of the above, (1) which in whole or in part arise out of or relate to any Foreign Transaction, or the disclosure or pricing thereof, up to November 8, 2006, including, without limitation, any and all claims that are based in whole or in part on any act, agreement, conduct or omission up to November 8, 2006 that has or had, and/or allegedly has or had, the purpose or effect of fixing, inflating, embedding, concealing, or inadequately disclosing the nature, pricing, or any other aspect of any Credit Card Foreign Transaction or Debit Card Foreign Transaction (including, but not limited to, Foreign Transaction Fees, Base Exchange Amounts, and/or any component of either), or (2) which are, have been, or could have been asserted within the scope of the facts asserted in the Litigation. For more information about this release, including certain limitations and defined terms, see the Settlement Agreement. And for more information about the facts that were asserted in the litigation, please see the Third Amended Complaint and other litigation materials available on the website or by mailing your request to the Currency Conversion Fee Antitrust Litigation Settlement Administrator at P. O. Box 290, Philadelphia, PA 19105-0290.
What are my options?(top)
Please note that any claim form post-marked after May 30, 2008 will be deemed untimely. Also note that due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or “pro-rated”). The information provided in the FAQs about the claim submission procedure is retained for reference.

If you made a transaction (purchase, cash advance, cash withdrawal or internet transaction) in a foreign currency on a Visa-, MasterCard- or Diners Club-branded credit, charge or debit/ATM card issued in the United States at any time from February 1, 1996 to November 8, 2006, you may be a member of the Settlement Damages Class. Members of the Settlement Damages Class may (1) ask for a refund and/or object to the settlement, OR (2) request to be excluded from the settlement. If you do not request to be excluded from the settlement, you will be bound by the settlement and you will release certain claims against the Defendants.

If you held a Visa-, MasterCard- or Diners Club-branded credit, charge or debit/ATM card issued in the United States as of November 8, 2006, you are a member of the Settlement Injunctive Class. If you are not also a member of the Settlement Damages Class, you may not ask for a refund or request to be excluded from the settlement. You may, however, object to the settlement.

Please note the following deadlines:
- The deadline for asking for a refund was: 11:59 p.m. Eastern Time, May 30, 2008 (deadline for filing on-line, for post-marking your mailed claim form, or for faxing your claim form).
- The deadline for asking to exclude yourself from the class was: 11:59 p.m. Eastern Time, February 14, 2008 (deadline for post-marking your mailed opt-out form, or for faxing your opt-out form)
- The deadline for objecting was: February 14, 2008

Questions Relating to Refunds

Please note that any claim form post-marked after May 30, 2008 will be deemed untimely and, pursuant to the Court's October 22, 2009 Order, will be disallowed. Also note that due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or "pro-rated"). The information provided in the FAQs about the claim submission procedure is retained for reference.

If I previously submitted a claim, do I need to resubmit a claim under the new procedures?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

No, if you previously submitted a claim you do not have to submit another claim under the new procedures. The detailed information that you provided in the prior claim form is equivalent to the information that is requested for the new Refund Option 3 claim form. If you do nothing, the claim you filed will be treated as a Refund Option 3 claim. You may, if you wish, choose to file a Refund Option 2 claim form instead of your current claim (which is being treated as a Refund Option 3 claim). If you elect to file a Refund Option 2 claim form, you must complete and send to the Settlement Administrator a Refund Option 2 claim form. The Settlement Administrator will determine the appropriate refund amount based on the information you provide in your Refund Option 2 claim form. Please note that a refund for a Refund Option 2 claim form will not be less than the amount distributed to claimants who file the Refund Option 1 claim form.

Also note that due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or "pro-rated").
What do I need to do to ask for a refund?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

You need to complete and submit a claim form prior to the deadline, either on-line at www.ccfsettlement.com/claim, or by mailing or faxing in the form. Please note that the filing period ended on May 30, 2008.
How do I obtain a claim form?(top)
During the claim filing period (which ended on May 30, 2008), you were able to obtain a copy of the claim form in one of two ways:
1. The quickest way to obtain a claim form was to click here or
2. Mail your request to the Settlement Administrator at P. O. Box 290, Philadelphia, PA 19105-0290.
Who may submit a claim?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

You may submit a claim if you made a foreign transaction between February 1, 1996 and November 8, 2006 with a U.S.-issued Visa-, MasterCard-, or Diners Club-branded card. Only the primary card holder (the person who is primarily responsible for payment) on an account may submit a claim. If you choose to submit a claim, you may do so only once.
The primary cardholder is deceased. Can someone else file the claim?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

You may submit a claim on behalf of deceased class member. However, you will need to submit your claim in paper form along with documentation evidencing the death of the individual. This documentation should include a copy of the death certificate and documents pertaining to the Estate or its beneficiaries, such as Letters of Testamentary and/or Last Will and Testament.
Do I have to include my account number?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

I received a pre-printed form in the mail and still have that form:

We recommend that you use one of the claim forms that you have recently received in the mail. However, you may use the earlier claim form if you wish. You do not need to include your account number if you have the pre-printed form you received in the mail and have chosen Refund Options 1 or 2.

You must include your account number if you are filing a claim for charges on Refund Option 3, if your claim is for a corporate card (if your employer is not submitting a claim or opting-out) or, if you are authorized by your employer to submit a claim on a government agency card. If you do not have your account number for a personal account (only), you may provide the last four digits of your social security number, and your refund may be reduced.

I do not have a pre-printed form:

For individual claims, you must provide information for ONE of your eligible cards if you choose either Refund Option 1 or Refund Option 2. You will also be required to provide the last four digits of your social security number.

You must include your account number if you are filing a claim for charges on Refund Option 3, if your claim is for a corporate card (if your employer is not submitting a claim or opting-out) or, if you are authorized by your employer to submit a claim on a government agency card. If you do not have your account number for a personal account, you may provide the last 4 digits of your Social Security number instead, however, your refund may be reduced if you do not provide your account number because the Settlement Administrator may not be able to verify the full amount of your refund.
How do I complete the claim form?(top)
Please note that any claim form post-marked after May 30, 2008 will be deemed untimely. Also note that due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or “pro-rated”). The information provided in these FAQs about the claim submission procedure is retained for reference.

Please make sure that any claim form sent via mail is addressed to:
Currency Conversion Fee Antitrust Litigation
Settlement Administrator
P. O. Box 290
Philadelphia, PA 19105-0290
Claim forms should NOT be submitted to any other address.

There are three Refund Options to choose from. Refund Option 1 is an Easy Refund of $25 and is recommended if you travel outside of the U.S. for less than one week or had foreign transactions of less than $2,500 using your eligible cards during the class period. Refund Option 2 is a Total Estimation Refund that is based on typical spending during travel and answers to the few questions listed on the claim form. This option is recommended if you traveled outside the U. S. for more than one week or had foreign transactions of more than $2,500 using your eligible cards during the class period. Refund Option 3 is the Annual Estimated Refund option. It is recommended if you had extensive foreign travel or foreign transactions and are willing to provide year-by-year information.

(The electronic version of the claim form is no longer available).

For the hard copy form, fill in the information as follows:

Refund Option 1:
- Part 1: Verify the name and address pre-printed on the form (if applicable). Make any necessary corrections in the boxes provided or fill in your name and address.
- Part 2: Read Part 2, then sign and date the form, and mail it to:
  
  Again, please make sure that any claim form sent via mail is addressed to:
  Currency Conversion Fee Antitrust Litigation
  Settlement Administrator
  P. O. Box 290
  Philadelphia, PA 19105-0290
  
  Or fax it to: 856-662-3955
  Claim forms should NOT be submitted to any other address.
Refund Option 2:
- Part 1: Verify the name and address pre-printed on the form (if applicable). Make any necessary corrections in the boxes provided, or fill in your name and address.
- Part 2: Fill in the total number of days you spent outside of the U. S. from February 1, 1996 to November 8, 2006.
- Part 3: Check one box on each line that indicates the purpose of the travel you noted in Part 2.
- Part 4: Read Part 4, then sign and date the form, and mail it to:
  Currency Conversion Fee Antitrust Litigation
  Settlement Administrator
  P. O. Box 290
  Philadelphia, PA 19105-0290
  
  Or fax it to: 856-662-3955
Refund Option 3:
- Part 1: Verify the name and address pre-printed on the form (if applicable). Make any necessary corrections in the boxes provided, or fill in your name and address.
- Parts 2 & 3: read the information provided in these parts.
- Part 4: If your claim is for a personal account and you do not have the account number (or if you choose not to provide it), you may provide the last 4 digits of your Social Security Number instead. However, your refund may be reduced if you do not provide your account number because the Settlement Administrator may not be able to verify the full amount of your refund.
- Part 5: Fill in the requested information for your foreign transactions. Use one line for each credit, charge or debit/ATM card account on which you have had foreign transactions. For each account, fill in your account number and the name of the bank that issued your card, and indicate whether the card was a personal card or a corporate card. Then list the total amount of the foreign transactions you have had per year for the account. Finally, add up the amount of all of your listed foreign transactions in U.S. dollars on all accounts and write that amount in the space provided.
- Part 6: Read Part 6, then sign and date the form, and mail it to:
  Currency Conversion Fee Antitrust Litigation
  Settlement Administrator
  P. O. Box 290
  Philadelphia, PA 19105-0290
  
  Or fax it to: 856-662-3955
  Claim forms should NOT be submitted to any other address.
Can I submit estimated yearly foreign transactions for years where my records are either incomplete or I no longer have statements to support my transactions?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

First a reminder: Pursuant to the Revised Plan of Administration and Distribution, paragraph 5(f), Exhibit H, to the Stipulation and Agreement of Settlement, the Bank Defendants shall provide, free of charge, your monthly billing statements, if retrievable electronically, to any Settlement Damages Class Member who request these statements to substantiate his or her claim form. If you are a customer of Household/HSBC or Providian/Washington Mutual, you should contact the Settlement Administrator for your electronically retrievable transaction records.

If you decide to file for Refund Option 3 you need to list the amount of foreign transactions by year. If your records remain incomplete and you are unable to obtain them from your bank, you may calculate yearly foreign transactions using estimates. You should calculate these estimates based on reasonable daily or monthly spending, documented, where possible, by a travel journal or some other proof of your travel or your living arrangements outside of the United States. Although you do not need to submit any documentation with your claim form, you should retain the supporting materials, along with a written explanation of the methodology used to determine the estimates listed on your claim form, in case your claim is designated for audit by the Settlement Administrator.
How secure is the system for submitting information on-line?(top)

Please note that the ability to file a claim online was removed from this website following the deadline for filing claims (May 30, 2008). The information provided in these FAQs about the online claim submission procedure is retained for reference.

Class Members can verify the legitimacy of the settlement by reviewing the Court’s decisions that are available through CourtWeb free to the public. The preliminary approval order can be found at http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/06-04544.PDF. We are bound by the Court as settlement administrators that the information we receive can only be used for the intended purpose of determining if a claimant qualifies for distribution and then to make that distribution.
What if my charge was on a corporate or government agency card?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

If your charge was on a corporate card, you must verify with your employer that no other claim (or opt-out letter) will be filed for this account. If no other claim or opt-out letter will be filed for this account, you may submit a claim. Your account number must be included on your claim.

You may file a claim for charges on government agency cards only if you have been authorized by the government agency to do so. If you are authorized to file a claim, your account number must be included on your claim.
Do I need to provide any documentation with my claim?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

You do not need to attach bank or credit card statements to your claim. However, by submitting a claim you are certifying that all information provided is true and correct to the best of your knowledge, that you have not submitted more than one claim form and that you are the primary card holder on the accounts included on your claim.

In addition, all claims are subject to audit and you may be asked to provide additional information to support your claim. Please keep proof of your eligible transactions or other documentation used to complete the claim form until your claim has been processed. By submitting a claim, you authorize your bank and the Settlement Administrator to provide and share information to verify your status or claims.
Can I get a copy of my bank statement?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

You do not need to attach copies of bank or credit card statements with your claim. The defendant banks will provide copies of statements if they are electronically retrievable. If you are a customer of Household/HSBC or Providian/Washington Mutual, you should contact the Settlement Administrator for your electronically retrievable transaction records.
Do I need to list the dates of my foreign transactions?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

No. However, for Refund Option 3 you must separately total up your transactions for the period 02/01/96 to 12/31/96, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 1/1/2006 to 11/8/06, and list the totals for each period in the appropriate space on the claim form.
Will my claim be audited?(top)

All claims are subject to audit. Please keep proof of your eligible transactions or other documentation used to complete the claim form until your claim has been processed. By submitting a claim, you authorize your bank and the Settlement Administrator to provide and share information to verify your status or claims.
May I submit more than one claim?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

No, you must submit all claims you have at the same time. However, if you choose Refund Option 3 you may attach additional pages to your claim form if all of your transactions do not fit on one form. Do not submit more than one claim form.
How will the amount of my refund be determined?(top)

If you are eligible for a refund, the amount of the refund will depend on a number of variables. The first variable is the Refund Option that you choose to file. Refund Option 1 will provide an easy refund of $25. Refund Option 2 will be based on typical spending patterns during travel outside of the U.S. Claimants who choose Refund Option 2 will provide an estimate of the number of days they spent outside of the U.S. during the class period and the frequency of their travels for the purpose of business, visiting friends or relatives, vacation/leisure, or other travel purpose. Travel purpose and time outside the U.S. are factors captured in the U.S. Department of Commerce annual Survey of International Air Travelers, and can be used as predictors of trip expenditures outside of the U.S. The Settlement Administrator will calculate the amount of the refund under Refund Option 2 using an algorithm. The algorithm is designed to provide an estimate of a Claimant’s refund using the information supplied in the Claimant’s Refund Option 2 claim form and other data, including from the U.S. Department of Commerce’s survey noted above. The algorithm calculation for a Refund Option 2 claim will be based on a 1% foreign transaction fee. Refund Option 3 will utilize the bank that issued your credit and/or debit/ATM card and the dollar amount of your foreign transaction fees (apart from any alleged increase in base exchange rates). Refunds for all claims, regardless of the option chosen, will depend on the amount of money available to pay claims and the number and total dollar value of all valid claims filed. You might get only a partial refund, or, in some circumstances, your claim might be adjusted upwards. Any reductions made to refund amounts are designed to ensure that every claimant receives a refund from the settlement. A reduction of the refund amount below $25 will only occur as a last resort.

Please note that due to the large number of claims that were post-marked prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or "pro-rated").
Who will determine the amount to be refunded to me?(top)

A third party administrator will review all claims and determine the refund amounts.
What if I think the amount of my refund is incorrect or my claim is rejected?(top)

Within 45 days of receiving your refund or notice of rejection, send to the Settlement Administrator at the address listed below a notice requesting a review of your refund or claim, which must include a statement of reasons for contesting the amount of the refund or the rejection of your claim. Include any documentation necessary to support your position.

Currency Conversion Fee Antitrust Litigation
Settlement Administrator
P.O. Box 290
Philadelphia, PA 19105-0290

Or contact us through our website here.
When will I get my refund?(top)

The Court granted final approval of the settlement in a Memorandum and Order, dated October 22, 2009, and, on November 4, 2009, the Court entered a Final Judgment and Order of Dismissal in this case. Eleven appeals have been filed challenging the Court’s approval of the settlement. The parties are litigating these appeals before the United States Court of Appeals for the Second Circuit. Please visit the "Documents" webpage on this website to obtain a copy of the Memorandum and Order and other documents concerning the settlement.

The issuance of refund checks for valid timely claims will not commence until after the appeals are resolved (in favor of the Court-approved settlement), and the Settlement Administrator has validated the claims.
How will my refund be paid?(top)

Eligible refunds will be paid by check to the primary cardholder on the account.
What if my address or other information changes after I file a claim?(top)

You may change information to your previously submitted claim. To do this, please mail us a letter explaining the information that needs to be changed. The mailing address is:
Currency Conversion Fee Antitrust Litigation
Settlement Administrator
P.O. Box 290
Philadelphia, PA 19105-0290
Can I change the information on the pre-printed form?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

You can change the name and address but you will need to mail in the claim form with these changes. If you want to file your claim on-line you will be able to change the address only.

Questions Relating to Opt-Outs

How can I opt-out of the settlement?(top)

Please note that the deadline for submitting an opt-out request has passed. The information provided in these FAQs about the opt-out procedure is retained for reference.

To exclude yourself from the Settlement Damages Class, send the "opt-out" form letter to: Currency Conversion Fee Antitrust Litigation, Settlement Administrator, P.O. Box 280, Philadelphia, PA 19105-0280. Or fax the "opt-out" form letter to 856-662-3955. Opt-out forms sent to any other location will not be considered.

If you opt out, you will not get money from the settlement. Please note that you cannot exclude yourself from the Settlement Injunctive Class.

Deadline for post-marking your mailed opt-out form letter, or for faxing your opt-out form letter was: 11:59 p.m. Eastern Time February 14, 2008.
Where can I obtain the opt-out form letter?(top)

(Please note that the deadline for submitting an opt-out request has passed. The information provided in these FAQs about the opt-out procedure is retained for reference.)

The quickest way to obtain a copy of that letter is to click here or by mailing your request to the Settlement Administrator at P. O. Box 290, Philadelphia, PA 19105-0290. The deadline to opt-out of the settlement was 11:59 p.m. Eastern Time February 14, 2008.
May I opt-out over the phone?(top)

(Please note that the deadline for submitting an opt-out request has passed. The information provided in these FAQs about the opt-out procedure is retained for reference.)

No. All opt-out requests must be in writing using the opt-out form letter and sent to Currency Conversion Fee Antitrust Litigation, Settlement Administrator, P.O. Box 280, Philadelphia, PA 19105-0280, post-marked by 11:59 p.m. Eastern Time February 14, 2008, or faxed to 856-662-3955 by the same date and time. Opt-out form letters sent to any other address will not be considered.

Questions Relating to Objections

How can I object to the Settlement?(top)

Please note that the deadline for submitting an objection has passed. The information provided in these FAQs about the objection procedure is retained for reference.

To object to the settlement, you must have filed your objection and proof of class membership with the Court no later than February 14, 2008. The address is: Clerk of the Court, United States Courthouse, 500 Pearl Street, New York, NY 10007-1581. Be sure to state that your objection relates to In re Currency Conversion Fee Antitrust Litigation, MDL No. 1409.

If you object, you must also give notice to the attorneys for the class by hand delivery, overnight mail, or by certified mail, return receipt requested.
When will the court consider approving the settlement?(top)

The Court granted final approval of the settlement in a Memorandum and Order, dated October 22, 2009, and, on November 4, 2009, the Court entered a Final Judgment and Order of Dismissal in this case. Eleven appeals have been filed challenging the Court's approval of the settlement. The parties are litigating these appeals before the United States Court of Appeals for the Second Circuit. Please visit the "Documents" webpage on this website to obtain a copy of the Memorandum and Order and other documents concerning the settlement.

Prior to entering the October 22, 2009 Order, the Court held a final approval hearing on March 31, 2008 at the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, N.Y., 10007-1581. You did not have to go to court or hire an attorney. You were allowed to attend if you wanted to, at your own cost. The hearing was to decide whether to approve the settlement, class counsels’ requests for attorneys' fees and expenses, awards for the class representatives and the allocation of the Settlement Fund among authorized Claimants.

The Court also held a subsequent hearing, on August 6, 2009, concerning recommendations set forth in a report submitted on July 2, 2009 by the Special Master.

Agency/Company Process

I represent a government agency or a company. Can my agency or company file a claim for its Agency/Company cards, or do our employees need to file any claims for those cards?(top)

Please note that any claim form post-marked after May 30, 2008 will be deemed untimely. Also note that due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or “pro-rated”). The information provided in these FAQs about the claim submission procedure is retained for reference.

An agency or company may itself submit a claim on its Agency/Company cards. (For a description of which cards qualify as "Agency/Company cards", please click here.)

You were able to file such a claim online. To do so, you needed to obtain from the Settlement Administrator (a) an Agency/Company submission disk and (b) online account credentials. On-line submission is no longer available. You can provide the requested information by mail to the Settlement Administrator at P. O. Box 59269, Philadelphia, PA 19102. The submission disk will contain a blank Excel spreadsheet and a public PGP key for file encryption. The structure of the sheet must be maintained and you must encrypt the file, or your claim will be rejected. The completed file can then be submitted via internet file upload using your account credentials.

If you will not be able to submit your claim online, you do not need to request online account credentials, and can instead mail the completed submission disk to:
Settlement Administrator
P. O. Box 59269
Philadelphia, PA 19102
By submitting a claim, you authorize the Defendants and the Settlement Administrator to provide and share Agency/Company card information (including information you provided) to verify and process the claim.

If you reimburse (or reimbursed) your employees for their Agency/Company card use, then, instead of submitting a single claim on all your Agency/Company cards, you can instead have your individual employees submit individual claims on your Agency/Company cards. If you make this choice, you should provide your employees with the notice available at www.ccfsettlement.com. Timely filed and valid claims will then be paid directly to your employees, and you will waive all other rights to a payment from this settlement.

To avoid duplicative claims and facilitate the claims process, if your agency or company submits a single claim to the Settlement Administrator, it should instruct affected employees not to submit claims based on the use of Agency/Company cards and not to opt Agency/Company accounts out of the Settlement Damages Class. If an agency or company and one of its employees both submit a claim on the same account, the Settlement Administrator may request additional information from them. Duplicative claims will not be honored.

If you make a claim or if you have your employees do so, you cannot opt-out of the settlement.
What are “Agency/Company cards”?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

Agency/Company cards are Visa, MasterCard, and Diners Club credit and debit/ATM cards (“Cards”) issued to your employees (1) pursuant to a contract(s) between you and a U.S. card-issuing bank or financial entity (“Issuer”); (2) on which such employees incur charges; and (3) on which you reimburse your employees or pay the Issuer(s) for the charges. “Agency/Company cards” also includes all Cards issued to your employees pursuant to a contract that designates your agency or company to receive applicable notices.
If my government agency or company reimburses its employees for agency or company expenses made with personal payment cards, can the agency or company make a claim based on that personal card use by its employees?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

No. Only individuals can claim with respect to personal payment cards, as opposed to Agency/Company cards.
How can my government agency or company opt-out of the settlement?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

You may opt out of the Settlement Damages Class by sending the “Agency/Company Opt-Out Letter” to P.O. Box 280, Philadelphia, PA 19105-0280, postmarked by February 14, 2008. This is the only way to opt out of the Settlement Damages Class if you pay (or paid) the Issuer(s) for the charges incurred by your employees on Agency/Company cards. The Agency/Company Opt-Out Letter is available on this website or by contacting the Settlement Administrator at P. O. Box 59269, Philadelphia, PA 19102.

If you reimburse (or reimbursed) your employees for their Agency/Company card use, you may follow the same procedure or, as an alternative, have individual employees decide whether to opt out of the Settlement Damages Class individually with respect to each of your Agency/Company cards. If you have your employees decide whether to opt out on an individual account basis, you should provide your employees with the notice available on this website. Making a claim on an account precludes opting out. It is not possible to opt out of the Settlement Injunctive Class.
How can my government agency or company object to the settlement?(top)

You were required to file written objections with the Court and proof of class membership by February 14, 2008. You were also required to give notice to the attorneys for the class by hand delivery, overnight mail, or by certified mail, return receipt requested. For reference, the final approval hearing was held on March 31, 2008 at the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007-1581. The hearing was to decide whether to approve the settlement, the class counsels’ requests for attorneys’ fees and costs, and awards for the class representatives. You were free to use your own counsel in connection with evaluating or submitting any objection, or otherwise participating in that hearing. The Court also held a hearing, on August 6, 2009, concerning the recommendations set forth in a report submitted on July 2, 2009 by the Special Master.

Alternatively, if you reimburse (or reimbursed) your employees for their Agency/Company card use, you could have followed the same procedure or you could have allowed your individual employees to decide whether to object to the settlement and referred them to the notice available on this website.
How do I submit a claim on behalf of a government agency or company?(top)

Please note that any claim form post-marked after May 30, 2008 will be deemed untimely. Also note that due to the large number of claims that were submitted prior to the May 30, 2008 deadline, it is anticipated that refund amounts will be adjusted (or “pro-rated”). The information provided in these FAQs about the claim submission procedure is retained for reference.

If you are going to submit a single claim for Agency/Company cards on behalf of a government agency or company, please make sure that you have reviewed the applicable information about claims by government agencies or companies. You were able to file such a claim online. To do so, you needed to obtain from the Settlement Administrator (a) an Agency/Company submission disk and (b) online account credentials. On-line submission is no longer available. You can provide the requested information by mail to the Settlement Administrator at P. O. Box 59269, Philadelphia, PA 19102. The submission disk will contain a blank Excel spreadsheet and a public PGP key for file encryption. The structure of the sheet must be maintained and you must encrypt the file, or your claim will be rejected. The completed file can then be submitted via internet file upload using your account credentials.

If you will not be able to submit your claim online, you do not need to request online account credentials, and can instead mail the completed submission disk to:
Settlement Administrator
P. O. Box 59269
Philadelphia, PA 19102
By submitting a claim, you authorize the Defendants and the Settlement Administrator to provide and share Agency/Company card information (including information you provided) to verify and process the claim.
Who do I contact if I have any questions regarding the Agency/Company forms?(top)

Anyone who has a question regarding the Agency/Company claims process should contact the Settlement Administrator by completing the contact form on this website or by mail to the Settlement Administrator at P. O. Box 59269, Philadelphia, PA 19102.
Can my employees claim for any transactions made with their Agency/Company cards?(top)

(The claim submission period ended on May 30, 2008. The information provided in the FAQs about the claim submission procedure is retained for reference.)

If your government agency or company makes a claim on those cards, your employees may not do so.

If your agency or company does not make a claim on those cards and does not opt out of the settlement, then, as noted above, you can, if you so choose, have your employees make claims or opt out on those cards. If you do this, you should provide your employees with (or direct them to) the individual notice available on this website.

Please note that if your agency or company does not make a claim on its Agency/Company cards and does not opt out, and your employees pay for those cards individually and are permitted to use them for personal transactions, then you should provide your employees with (or direct them to) the individual notice available on this website.

Please be advised that only one claim may be submitted for all foreign transactions incurred on a given Agency/Company card account. Either the agency or company may submit the claim or the employee may submit the claim. Where an agency or company submits a claim for an Agency/Company card account which an employee has also used to make personal (i.e., non-business related) foreign transactions, then the employee cannot submit a claim for those personal foreign transactions using the Agency/Company card account.

Other Cases Affected by this Settlement

Are other cases affected by this settlement?(top)

Yes. There are other cases in federal and state courts against Visa, MasterCard, and/or some Defendant banks concerning their foreign transaction pricing, including markups and fees, and their disclosure thereof. Some of these cases are listed below. Claims in these cases will be extinguished if this settlement is approved, but you can still make a claim here, as described above, for foreign transactions between February 1, 1996 and November 8, 2006. Please note that the following may not be a complete list of all cases in which claims may be extinguished by the settlement.

Note: please click on a case name to obtain more information about that case:

Certified statewide classes: *Cavette v. MasterCard, CT-002506-03 (Shelby Cty., TN), W2005-02422-SC-S09-CV (TN Sup Ct) (conditionally decertified on May 23, 2007); ); Schrank v. Citibank, 03 Civ. 2843 (SDNY, NY).

Proposed statewide classes: *Fischer v. MasterCard, 03600572/2003 (NY Cty., NY), *Friedman v. MasterCard, CV 04-539330 (Cuyahoga Cty., OH),*Gastineau v. MasterCard, CV 2004-283 (Lonoke Cty., AK), *Gillard v. MasterCard, 03 CH06659 (Cook Cty., IL), 05-3143 (IL Ct App, 1st Dist), *Hernandez v. MasterCard, C-1056-03-C (Hidalgo Cty., TX), *Johnson v. MasterCard, 62-C7-04-009691 (Ramsey Cty., MN), *Perry v. MasterCard, CV 2003-007154 (Maricopa Cty., AZ), *Rubin v. MasterCard, 03-09368 CA 20 (Dade Cty., FL), 3D05-2373 (FL Ct App, 3rd Dist), *Salkin v. MasterCard, 002648 (Phila. Cty., PA), 1741 EDA 2005 (PA Super Ct, Eastern Dist), Sandera v. Bank of America, CG06-458404 (NDCA,CA) (transferred to MDL 1409, at 07-CV-05583), Bildstein v. MasterCard, 03 Civ 9826 (SDNY, NY).

Proposed nationwide classes: Clarken v. Diners Club, 01 Civ 10857 (SDNY, NY), *Gaffigan v. MasterCard, 042-07768 (St. Louis, MO) (nationwide, except IL and CA) (subject to signing the settlement agreement), Mattingly v. Visa, RG05198142 (Alameda Cty., CA) (nationwide for Visa; CA for MasterCard), Shrieve v. Visa, RG04155097 (Alameda Cty., CA) (nationwide for Visa; CA for MasterCard; also on behalf of general public).

Includes proposed nationwide class: +Baker v. Visa, 06-CV-15447 (SDNY, NY) (coordinated or consolidated with MDL 1409).

General public nationwide: Schwartz v. Visa, 822404-4 (Alameda Cty., CA) (CA general public only for MasterCard), A105222 (CA Ct App, 1st Dist), S-138751 (CA Sup Ct).

MasterCard has agreed to pay a total of $3,557,000 in attorneys' fees and expenses to settle the cases marked above with an asterisk (*). In addition, Visa and MasterCard have agreed to pay $32,000,000 in attorneys' fees and expenses to the attorneys who, for 6 years, litigated Schwartz v. Visa Int'l Corp., No. 822404-4 (CA), including a trial and appeals. The attorneys in the Schwartz case are some of the Plaintiffs' attorneys in this case. These payments will not reduce the $336,000,000 settlement fund. The case marked with a plus sign (+) has also been settled.

Attorneys' Fees

How will the attorneys be paid?(top)

The Court granted final approval of the settlement in a Memorandum and Order, dated October 22, 2009, and, on November 4, 2009, the Court entered a Final Judgment and Order of Dismissal in this case. Eleven appeals have been filed challenging the Court’s approval of the settlement. The parties are litigating these appeals before the United States Court of Appeals for the Second Circuit. Please visit the "Documents" webpage on this website to obtain a copy of the Memorandum and Order and other documents concerning the settlement.

In the October 22, 2009 Order, the Court awarded the lawyers for the class $51,250,000 (plus interest), or approximately 15.25% of the settlement fund, for attorneys' fees for investigating the facts, litigating and resolving the case. The Court also awarded $3,708,072 for the reimbursement of the attorneys' expenses.
Will the class representatives be paid?(top)

The Court granted final approval of the settlement in a Memorandum and Order, dated October 22, 2009, and, on November 4, 2009, the Court entered a Final Judgment and Order of Dismissal in this case. Eleven appeals have been filed challenging the Court's approval of the settlement. The parties are litigating these appeals before the United States Court of Appeals for the Second Circuit. Please visit the "Documents" webpage on this website to obtain a copy of the Memorandum and Order and other documents concerning the settlement.

In the October 22, 2009 Order, the Court awarded $83,500 in service awards from the settlement fund on behalf of the 20 class representatives for their efforts on behalf of the classes. Their names are S. Byron Balbach, Jr., Jeanne H. Balbach, Woodrow W. Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Pamela Meyerson, Michael H. Oshry, Camille LaPlaca-Post, Herve Senequier, Robert Ross, Randal Wachsmuth, Jeffrey Zakem, Kayta George, David Shrieve, Tara Rado, Anthony Ralphs, David Ultan, Shannon Mattingly, and Timur Nusratty.

More Information

How can I get more information?(top)

To see the Settlement Agreement, court orders, and other documents about this lawsuit and related cases, click on the following link: www.ccfsettlement.com/claim or by mailing your request to the Settlement Administrator at P. O. Box 290, Philadelphia, PA 19105-0290.

You can also go to the Courthouse during regular business hours to see court documents. The Courthouse address is: Clerk of the Court, United States Courthouse, 500 Pearl Street, New York, New York 10007-1581.

Or mail your questions to the following attorneys for the class:
Merrill G. Davidoff
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103

Bonny E. Sweeney
Coughlin Stoia et al, LLP
655 West Broadway, Ste. 1900
San Diego, CA 92101

Please do not contact the Court, the Defendants, or your bank with questions about this case.

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