Deadline to File Claim Forms Extended 02/02/06

Deadline to File Claim Forms
in Visa/MasterCard Lawsuit Extended
February 2, 2006

Dear Retailer:

The deadline for most merchants to file claim forms to receive their share of the $3.1 billion settlement of NRF’s successful lawsuit against Visa and MasterCard debit card rules passed December 28, 2005. Some merchants, however, may still be able to file.

The Amended Plan of Allocation approved by the court grants lead counsel discretion to accept or reject late claims. Accordingly, Constantine Cannon has continued to accept claims, challenges, and consolidation requests submitted after the December 28, 2005 deadline. Because consolidations require extensive additional work to complete and delay the process of making payments to all class members, the last date that all class members may submit requests to consolidate their multiple forms will be March 31, 2006.

Constantine Cannon has prepared a new advisory offering additional information. The advisory is the first item listed below and I strongly urge that you read it. Additional information is also available at www.inrevisacheckmastermoneyantitrustlitigation.com.

A Frequently Asked Questions document is available, and a claims consolidation template can be downloaded by clicking here.

As in the past, we are continuing to hear that a number of retailers have been approached by firms offering assistance in collecting retailers’ share of the settlement. These firms are claiming to maximize the amount that retailers will collect – in return for a significant share of the amount collected.

While it is up to each company to make its own decision on how to proceed, it is important to point out that the claims process is relatively simple and that it would probably require truly extraordinary circumstances for it to be necessary for a retailer to use one of these services. You should be aware that the Garden City Group is the official claims administrator in this case and will assist in the consolidation process without charging a fee and without taking a share of the recovery you ultimately will receive. This issue is addressed in the July 6, 2005, advisory from Constantine Cannon listed below.

Retailers with questions should contact the claims administrator. NRF members who need additional assistance may also contact NRF Member Relations Manager Angelica Rodriguez at rodrigueza@nrf.com.

Sincerely,

Tracy Mullin