Golf Course FACTA Settlement

Welcome to the Official Golf Course FACTA Settlement Website

ATTENTION ALL PERSONS IN THE UNITED STATES WHO MADE A CREDIT CARD OR DEBIT CARD TRANSACTION AT GOLF COURSES OPERATED BY EVERGREEN ALLIANCE GOLF LIMITED, L.P., D/B/A ARCIS GOLF BETWEEN JUNE 15, 2015 AND MAY 2, 2018: YOU MAY BE ENTITLED TO A MONETARY RECOVERY.

The Superior Court for the State of California in and for the County of San Bernardino has preliminarily approved a class action settlement in Frank Cowen et al., individually and on behalf of all similarly situated individuals v. Evergreen Alliance Golf Limited, L.P., d/b/a Arcis Golf, et al, Case No. CIVDS1719283.  Class members are all persons in the United States to whom, through use of a machine used by golf courses operated by Evergreen Alliance Golf Limited, L.P. (“Evergreen”), were provided an electronically printed receipt at the point of a sale or transaction on which more than then last five digits of the person’s credit or debit card number was printed between June 15, 2015 and May 2, 2018.  

UPDATE: The final approval hearing has been moved to October 24, 2018 at 8:30 a.m.

FILE A CLAIM FOR A SETTLEMENT CERTIFICATE OR MONETARY RELIEF BY

September 6, 2018:

If you did not receive an e-mail about this settlement, and you are a member of the Class, you may submit a Claim Form signed under penalty of perjury by September 6, 2018 to receive one Settlement Certificate for $5 off of posted green fees at daily-fee courses operated by Evergreen, valid 7 days a week after 12:00p.m. Any Class member may also submit a Claim Form for up to $50.00 cash by submitting supporting documentation of a transaction during the Class Period.

DO NOTHING BUT STAY IN THE SETTLEMENT

By doing nothing, if you received an email about this settlement, you will be issued one Settlement Certificate.  No further action is required.  If you do nothing, you will be legally bound by all orders and judgments of the Court, and you will not be able to sue, or continue to sue, Evergreen in any lawsuit concerning the receipts you received during the Class Period.

EXCLUDE YOURSELF

September 6, 2018:

If you exclude yourself from the settlement, you will not release any claims you may have.  If you exclude yourself from the settlement, however, you will not be entitled to share in any of the benefits offered by the settlement, as described above.  If you wish to be excluded, you must complete and send a written Request for Exclusion that (1) states the Class Member’s name, email address, address and telephone number, (2) states that the Class Member requests exclusion from, or “opts out” of, the Settlement, (3) is dated, and (4) is signed by the Class Member.  Requests for Exclusion must be exercised individually.  Requests for Exclusion must be submitted by or postmarked by September 6, 2018 to the Claims Administrator at the following address: Golf Course FACTA Settlement Administrator, P.O. Box 404041, Louisville, KY 40233-4041

OBJECT AND GO TO A HEARING

Deadline to Object:
September 6, 2018

Hearing Date:
October 24, 2018

If you wish to object to the settlement, you must file a written objection upon the Court and serve a copy on Class Counsel and Defendant's Counsel. To serve Class Counsel and Defendant's counsel, the objection must be sent to info@GolfCourseFACTASettlement.com or postmarked by September 6, 2018.  Any objection must include: (i) the name, email address, address, telephone number, last four digits of the credit card number used to make the transaction at issue and the date of the transaction at issue of the person(s) or entity objecting to the Settlement; (ii) a statement of the objection to the Settlement; (iii) an explanation of the legal and factual basis for the objection; and (iv) documentation, if any, to support the objection.  The right to object to the proposed settlement must be exercised individually. 

Any member of the Class who has timely filed an objection must appear at the settlement approval hearing, in person or by counsel at the Superior Court for the State of California in and for the County of San Bernardino, located at 247 West Third Street, San Bernardino, California 92415 on October 24, 2018 at 8:30 a.m. Class Members who timely and validly opt-out and request exclusion from the Settlement shall have no right to object and shall be foreclosed from making any objection to the Settlement.