Agenda 09/10/2013 Item #16K6 9/10/2013 16.K.6.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners provide an after-the-fact approval for
the Board of County Commissioners to participate as a plaintiff, through Managed Care Advisory
Group, in a class action settlement against Defendants, Visa, MasterCard, et al., to recover
excessive fees paid for accepting Visa and MasterCard.
OBJECTIVE: Recommendation that the Board of County Commissioners provide an after-the-fact
approval for the Board of County Commissioners to participate as a plaintiff, through Managed Care
Advisory Group, in a class action settlement against Defendants, Visa, MasterCard, et al., to recover
excessive fees paid for accepting Visa and MasterCard.
CONSIDERATIONS: A class action lawsuit has been filed against Visa, MasterCard, and other
defendants, alleging merchants paid excessive fees during January 1, 2004 through November 28, 2012,
for accepting Visa and MasterCard because of an alleged conspiracy among Defendants. The County is a
potential participant plaintiff in the class action lawsuit as the County's Utilities Department is a
merchant.
On behalf of the County, Managed Care Advisory Group has offered to investigate, research, and
calculate the amount we are owed and also coordinate payments, etc. The Managed Care Advisory Group
will streamline the filing process and secure recoveries from the class action settlement. Their cost is a
15% contingency of any amounts the service recovers for the County. There are no upfront or other fees
associated. To enroll in the service an Opt-In Form had to be completed by August 30, 2013. On August
15, 2013, the County Manager approved the electronic enrollment submittal of an Opt-In application on
behalf of the Board of County Commissioners.
FISCAL IMPACT: There is no Fiscal Impact at this time.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires
majority support for approval. -KLN
GROWTH IMPACT: There is no Growth Management Impact resulting from this action.
RECOMMENDATION: That the Board of County Commissioners approve the after-the-fact
participation, through Managed Care Advisory Group, in a class action settlement against Defendants
Visa, MasterCard, et al., to recover excessive fees paid for accepting Visa and MasterCard.
PREPARED BY: Kevin L. Noell,Assistant County Attorney
Packet Page-3105-
9/10/2013 16.K.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.6.
Item Summary: Recommendation that the Board of County Commissioners provides an
after-the-fact approval for the Board of County Commissioners to participate as plaintiff's,
through Managed Care Advisory Group, in a class action settlement against Defendants,Visa,
MasterCard, et al.,to recover excessive fees paid for accepting Visa and MasterCard.
Meeting Date: 9/10/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/29/2013 3:13:41 PM
Approved By
Name:NoellKevin
Title: Attorney of Record(CAO)
Date: 8/29/2013 4:10:01 PM
Name:KlatzkowJeff
Title: County Attorney
Date: 8/30/2013 8:28:41 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 8/30/2013 8:43:06 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 8/30/2013 9:04:32 AM
Packet Page -3106-
9/10/2013 16.K.6.
mcag,
Opt-In Form
In order for Managed Care Advisory Group(MCAG)to file a claim for the Merchant("Client")into the In re Payment Card
Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720"Visa MasterCard Settlement",the Client must
complete this Opt-In Form and return it to MCAG no later than August 30,2013.
This service is meant to make certain that the Client receives the appropriate amount due under the applicable action. In
this class action settlement, if the Client/Class Member does not file a valid and timely claim,or has excluded itself from
the Cash Settlement Class by submitting a request in writing to the Settlement Administrator prior to May 28,2013,then
that Client/Class Member would give up the right to reimbursement on affected claims.
In the event that the Client decides to file a claim on its own,then MCAG will instruct the Settlement Administrator to a.)
withdraw MCAG's filing and b.)process the Client's own filing. In that event, no service fee would be charged by MCAG to
the Client and the Client's filing and return would be based on their own claim file.
MCAG offers this comprehensive,risk-free settlement solution,which includes analysis, preparation,document and claims
filing,and recovery and reconciliation on a contingent fee basis(15%)of the cash amount that is actually recovered under
the settlement). There is no upfront or hidden fee-if no money is recovered for the Client, no money is owed to MCAG.
The primary goal of MCAG's settlement service is that every merchant that Opts-In to MCAG's Settlement Services is
ensured that they receive what is rightfully theirs under this settlement.
By signing this Opt-In Form,Client hereby authorizes any of its current and/or past card processors arid service providers
Amok
to provide card processing data to MCAG,to the extent reasonably necessary for MCAG to process Client's claim.
If MCAG does not receive a complete Opt-In Form with all required information listed below to MCAG by August 30,
2013,then MCAG will NOT consider your business/organization to be an MCAG Settlement Services Client and MCAG
will NOT file a claim on behalf of your business/organization. MCAG is not liable or responsible for any action,benefit,
or consequence to your business/organization in relation to the Visa MasterCard Settlement unless MCAG receives a
complete and accurate Opt-In Form by the stated deadline. It is the sole responsibility of the Client to provide a complete
and accurate Opt-In Form to MCAG to ensure that MCAG can file a claim on behalf of Client.Client acknowledges that
MCAG is providing the Settlement Services to Client, and that Client's card processor is not responsible for these services.
I wish to OPT-IN to this class action claims filing service for the Visa MasterCard Settlement.
Client/Business Name Business Start Date-Year
Primary Business/Headquarters Address
City State Zip Code
Vantiv Chain Code Tax ID Merchant ID
Please note: if you have additional Tax ID's or Merchant ID's(2004.2012)attach a separate sheet listing these ID's.
Phone Number Email Address
Name of individual signing
Title of individual signing
Signature Date
Please fax this form to 866-747-8947 or scan and email the form to vantiv@mcaayrrc.com
You may also complete an electronic form by visi /portal and enter code VA2465
Packet Page-3107-