1. What is this lawsuit about?

Plaintiff filed this Lawsuit on behalf of himself and all others similarly situated alleging that A.P.S. violated the FACTA amendments to the Fair Credit Reporting Act (“FCRA”), which generally prohibit merchants from issuing electronically printed credit or debit card receipts which contain more than the last five digits of the card number and/or the card expiration date. Plaintiff alleges that A.P.S. willfully violated the FCRA by issuing credit and debit card receipts for purchases made at A.P.S. which contained the expiration date of the card. The FCRA allows an individual to bring an action against a defendant for violating the Act and to recover actual damages for negligent violations of the Act, or to recover statutory damages of between $100 and $1,000 if the defendant willfully violated the Act. A.P.S. denies any liability or wrongdoing.

2. What is a class action?

In a class action, one or more people called Class Representatives (in this case Scott DiParvine), sue on behalf of people who have similar claims. All of these people are a Class or Class members. One court resolves the issues for all Class members, except for those who exclude themselves from the Class. U.S. Magistrate Judge Sheila M. Finnegan is in charge of this class action.

3. Why is there a settlement?

The Court did not decide the merits in favor of Plaintiff or Defendant. The Plaintiff thinks he could have prevailed at a trial. The Defendant thinks that the Plaintiff would not have prevailed at trial. But there was no trial. Instead, both sides agreed to a settlement. The Class Representative and Class Counsel think the settlement is fair and reasonable for all Class members.

4. The Settlement Benefits – What You Get.

The Settlement Agreement calls for A.P.S. to make settlement payments (the “Settlement Payments”) for the benefit of the Settlement Class, which includes the costs of notice, claims administration costs up to $10,000, and a $250,000 settlement fund (“Settlement Fund”). The Settlement Fund will be reduced by attorney’s fees and costs in an amount up to thirty percent (30%) of the total Settlement Payments, and an incentive award of up to $1,000 to Plaintiff for representing the Class. Settlement Class members who timely submit a complete and Valid Claim Form will receive a payment of up to a maximum of $100.00. The amount of the settlement payment each Settlement Class member will receive will be determined based on the number of Valid Claim Forms submitted. There are approximately 24,000 individuals who received non-compliant receipts issued to the Settlement Class. Any unclaimed funds remaining in the Settlement Fund after payment of all valid claims, attorney’s fees and costs, and the incentive award to Plaintiff shall be paid to the National Crime Prevention Council, which is a charitable organization focused on crime prevention.

To receive a settlement payment you must submit a Valid Claim Form by October 2, 2012.

5. Class Counsel’s Opinion of the Settlement.

In an individual lawsuit or class action under the FCRA, a prevailing plaintiff who can prove that the defendant willfully violated the FACTA amendments to the FCRA may be able to recover between $100 to $1,000 in statutory damages or any actual damages, plus the costs of suit and attorney’s fees. Of course, if an individual does not prevail, he/she will receive no payment. Here, in this Lawsuit, the Court has not ruled in Plaintiff’s favor as to whether the Defendant willfully violated FACTA.

Class Counsel has considered the benefits that the Settlement Class will receive under the Settlement Agreement, the potential defenses of Defendant, and the attendant risks, uncertainties and delays of litigation. Here, Class members can receive up to $100.00 if they submit a claim form, which is the amount they would likely receive for a single receipt if Plaintiff prevailed at trial. Consequently, Class Counsel believes that the terms of the settlement are fair and reasonable, and the members of the Settlement Class should accept this settlement.

6. No Admission of Liability.

By entering into this agreement, A.P.S. does not admit that it is liable to Plaintiff and the Settlement Class. A.P.S. enters into this Agreement solely to avoid the expense, burden, and uncertainty of further litigation, and to put to rest all claims, known or unknown, that have been or might have been asserted by the Plaintiff or the Settlement Class against it concerning the matters alleged in the Class Action Complaint.

7. What am I giving up as part of the settlement?

If you remain in the Settlement Class and the settlement becomes final, you will be releasing any claims you have relating to A.P.S. issuance of electronically printed credit and debit card receipts allegedly in violation of FACTA during the Class Period. Unless you exclude yourself, you are staying in the class which means that you cannot sue, continue to sue, or be part of any other lawsuit against A.P.S. about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you. This release is more fully explained in paragraph 11 of the Settlement Agreement.

8. What Are My Options?

OPTION 1: Remain a member of the Settlement Class and submit a claim to receive a settlement payment. To do so you must submit the Claim Form at the end of this notice to the Claims Administrator by October 2, 2012. You must mail or otherwise deliver the Claim Form to Dahl Administration, LLC/Car Quest, P.O. Box 3614, Minneapolis, MN 55403-0614, or via fax: 952-955-4589. Claims must be postmarked or received by the Claims Administrator on or before October 2, 2012. You may also fill out a claim form on-line at www.apscarquestsettlement.com, but you must do that by October 2, 2012.

If the settlement receives final approval from the Court, your claim will be processed and you will receive a settlement payment up to a maximum of $100.00. By remaining a member of the Settlement Class you will be releasing Defendant and the Releasees from liability as discussed above. YOU MUST PROVIDE ALL INFORMATION REQUESTED IN THE CLAIM FORM AND SIGN THE FORM. If you fill out a claim form on-line, you will be asked to verify the information with an electronic signature.