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What does a service fee ban mean for diners? Expect higher menu prices — a lot higher

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What does a service fee ban mean for diners? Expect higher menu prices — a lot higher

Coming this summer is a new state law that bans unadvertised service fees, surcharges and other additional costs that are added to the end of a bill for meals or delivery service.

On July 1, Senate Bill 478, which Gov. Gavin Newsom signed into law in October, is set to prohibit “junk fees” across a wide swath of businesses, including online ticket sales, hotels, restaurants, bars and delivery apps.

Sens. Bill Dodd (D-Napa) and Nancy Skinner (D-Berkeley), who co-wrote the bill, say it will offer greater protections for consumers.

“These deceptive fees prevent us from knowing how much we will be charged at the outset,” Atty. Gen. Rob Bonta, who co-sponsored the measure, said in a statement the day it was signed. “They are bad for consumers and bad for competition. … With the signing of SB478, California now has the most effective piece of legislation in the nation to tackle this problem. The price Californians see will be the price they pay.”

Many owners of restaurants and bars rely on now-ubiquitous surcharges to offer employee benefits such as healthcare and higher wages and often note surcharges on menus; some are listed as “elective,” left to the discretion of the diner. As implementation of the law looms, some now say the consequences could be disastrous and “upend” the industry.

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The restaurants will need to factor surcharge fees into menu prices, as opposed to simply advertising them at the end of a bill, state officials said.

“At this point, we are going to have to raise our prices a big chunk,” said James Beard Award-winning restaurateur Caroline Styne, co-owner and wine director of the Lucques Group of restaurants and wine director of Hollywood Bowl Food & Wine.

For instance, the famous Ode to Zuni roast chicken with fennel panzanella at A.O.C. is currently priced at $39 and will likely rise to $49 once the law goes into effect, she said.

“Restaurants are in a very tough spot right now,” Styne added. “We’ve really been under tremendous pressure … most restaurants are hemorrhaging money.”

Although most new laws in California take effect on Jan. 1, the delayed implementation was intentional, allowing more time for restaurants, bars and other businesses to adjust accordingly, according to a representative for the attorney general’s office. Clarifying materials on the new law are also expected to be published by the state before July 1.

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“SB478 is about greater transparency for consumers and clear communication about the actual cost of goods and services,” a spokesperson told The Times in a statement.

Previous statements from the attorney general’s office said SB478 would not “bar restaurants from charging service fees,” the San Francisco Chronicle reported last fall. “Those fees, however, must be disclosed (so they are no longer hidden) in restaurants’ advertised prices.”

Now, according to the office of the attorney general, restaurants and bars will still be able to advertise surcharges and other fees on the menu but they must be included in menu prices from the outset. A representative of the office declined to address how or whether elective fees would be addressed in the new law.

For customers, that might mean sticker shock when a $35 menu item in theory could now be listed at $42; for many restaurants, the fallout could be a decrease in business. Rolling surcharges or fees of 1% to 20% or more into menu pricing could also trigger other business costs.

Styne said the new law will only precipitate the closure of more restaurants, which are still recovering from the pandemic and summer strikes.

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FTC cracks down on junk fees

California’s law could have national implications. Days after Newsom signed SB478, the Biden administration announced “new efforts to crack down on junk fees and bring down costs for American consumers” in collaboration with the Federal Trade Commission. The new FTC regulation would prohibit “omitting” and “misrepresenting” fees from the total cost of goods.

“It’s a very similar approach at a federal level,” said Laurie Thomas, executive director of the Golden Gate Restaurant Assn. “If the playing field is level across the United States, is it going to hurt restaurants?

“I think that in areas like San Francisco that have higher mandated laws that put costs on small restaurants — the extra healthcare spend, the extra sick pay, the extra paid family leave — all the stuff we pay for that people aren’t even aware of, it’s gonna have to make us put prices higher.”

Her organization represents roughly 800 restaurants in San Francisco and has been attempting to advise and prepare restaurateurs on how to comply with the new legislation. Thomas said she has been seeking clarity on California’s rule since October, with little directive from the state on how restaurants should proceed.

“A lot of people are reaching out for clarity,” she said. “There’s a lot of frustration. It’s not going to drop the price of dining out. What it might do is close more restaurants. But maybe people don’t care about that anymore.”

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Service charge controversy

Service fees have become a point of contention for diners, food workers and restaurant owners. In June, former servers at Jon & Vinny’s, a popular Italian American restaurant, filed a class-action lawsuit in Los Angeles Superior Court against its owners, Jon Shook and Vinny Dotolo, alleging that their company denied servers tips, resulting in a reduction of take-home pay, due to diner confusion regarding an 18% service fee.

The restaurant owners subsequently changed the language at the bottom of customer bills regarding the fee: “The service charge is not a tip or gratuity, and is an added fee controlled by the restaurant that helps facilitate a higher living base wage for all of our employees. Please scan the QR Code at the top of the receipt for additional information, or speak with a manager.”

Last month, a former server at Found Oyster launched a class-action lawsuit against parent company Last Word Hospitality, alleging that the firm wrongfully withheld tips in the form of service fees. The complaint was filed in Los Angeles County Superior Court.

Kato restaurateur Ryan Bailey is aware of the scrutiny and said it’s possible that some operators are “misusing the service charge.” But most, he believes, are distributing them correctly and relying on them to keep their businesses and employee benefits running smoothly.

“Every restaurateur that I know who cares in this industry is using it in a way that is so immensely appropriate and responsible and forward thinking that if it was to go away, it would be really crippling to everybody,” Bailey said.

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“We have people who have progressed from entry level positions into management positions because they felt that we are taking care of them and care about their financial stability. It has allowed us to make the workweek a 40-hour workweek,” rather than the industry norm of a patchwork of hours or otherwise part-time shifts for servers and back-of-house employees, he added.

At Kato, the No. 1 restaurant in the city, according to The Times’ 2023 101 Best Restaurants list, Bailey said the 18% surcharge helps pay for an employee benefit package that includes mental, medical, dental and vision insurance. It also balances pay on slow nights.

Food delivery apps will function differently under the new law.

According to the attorney general’s office, these apps must list the price for delivery costs and all other fees; services such as delivery cannot be advertised as free or at a given amount, with additional miscellaneous fees tacked on at the end of the transaction. However, unlike with restaurants, previously listed surcharges or service fees cannot be built into the item price. Assembly Bill 2149, also referred to as the Fair Food Delivery Act of 2020, states that menu prices are set by the participating restaurants on the platforms and cannot be inflated by delivery services.

A representative for Postmates and Uber Eats, which are both owned by Uber, said that the listing of prices is already compliant with the new law and that the company worked directly with lawmakers to ensure compliance. Last year, a statement from DoorDash said, “There are no hidden fees, junk fees or surprises at checkout. We’re upfront on pricing.”

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For some apps such as Postmates, applicable fees are detailed by pressing the small “i,” or “info,” button next to “delivery fee” or “taxes & other fees” in the checkout cart. DoorDash exercises this same checkout format, as well as breaks down possible charges via a small “pricing & fees” button near the top of each restaurant’s listing.

When asked whether this is acceptable procedure as is, as well as how the practice differs from restaurants and bars listing surcharges and fees on menus, a representative for the attorney general said, “We are unable to provide legal advice or analysis.”

“Fees help us operate the DoorDash platform, ensure Dashers are paid fairly, and offer merchants tools to grow their businesses,” a spokesperson for DoorDash wrote in a statement to The Times. “That said, we are always working to make our platform more transparent and affordable and we never surprise consumers with hidden fees or junk fees. Consumers always see what they will pay — multiple times — before checkout on our platform.”

For restaurants, the law will also prohibit a common 18% service charge on parties of six or more. Styne characterized the change as unfair, since additional labor has to be provided with such large parties. The restaurant shouldn’t have to absorb that additional cost, she argued. A senate official told The Times that they were awaiting clarification from the attorney general’s office regarding the law’s inclusion of large-party surcharges.

Rising labor costs, high taxes and tight regulations paired with razor-thin profits have made California a tough place for restaurants to stay open, Styne said. “There are a lot of businesses that will be upended by this.”

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Cindy Carcamo contributed to this report.

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California’s gas prices push Uber and Lyft drivers off the road

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California’s gas prices push Uber and Lyft drivers off the road

The highest gas prices in the country are making it tougher for some gig drivers to make a living.

Gas prices have shot up amid the war in the Middle East. On average, California gas prices are the most expensive in the United States, according to data from the American Automobile Assn. The average price of regular gas in California is almost $6. The national average is a little above $4.

While Uber and Lyft drivers have concocted clever ways to cut gas consumption, they say that without some relief they will be forced to leave the ride-hailing business.

John Mejia was already struggling to make money as a part-time Lyft driver when soaring gas prices made his side hustle even harder.

“Unfortunately, it’s the economics of paying less to drivers and gas prices,” he said. “It actually is pulling people out of the business.”

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Guests at The Westin St. Francis hotel get into an Uber.

(Jess Lynn Goss / For The Times)

Gig work offers drivers the freedom to work for themselves and more flexibility, but being independent contractors also means they must shoulder unexpected costs.

Ride-sharing companies say they’re trying to help, but drivers say the gas relief comes with caveats. For now, drivers say they’re being pickier about what rides they accept, cutting hours and are looking at other ways to make money.

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Mejia, who started driving for Lyft more than a decade ago, said in his early days, he would sometimes make $400 in three hours. Now it takes 12 hours to rake in $200.

The San Francisco Bay Area consultant is an active member of the California Gig Workers Union, so he knows he isn’t alone. California has more than 800,000 gig rideshare drivers, according to the group, which is affiliated with the Service Employees International Union.

On social media sites such as Reddit and Facebook, gig workers have posted about how the higher gas prices are eating into their earnings. Among the tricks they are suggesting: reducing the number of times the ignition is turned on or off, avoiding traffic, working in specific neighborhoods and at times with high demand and switching to electric vehicles.

Gig drivers usually have only seconds to decide whether to accept a ride on the app, but they have become more strategic about which rides and deliveries they accept.

That means they are more likely to sit back in their cars and wait for higher fares for quick pick-up and drop-off.

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“I highly recommend the ‘decline and recline’ strategy, rejecting unprofitable rides until a better one appears,” wrote Sergio Avedian, a driver, in the popular blog the Rideshare Guy.

Pedestrians cross the street in front of a Lyft and Uber driver.

Pedestrians cross the street in front of a Lyft and Uber driver on Wednesday. High gas prices have made it hard for gig drivers to make a living, cutting into their profits.

(Jess Lynn Goss / For The Times)

Uber, Lyft and other companies have unveiled several ways to help drivers save on gas.

Uber said drivers can get up to 15% cash back through May 26 with the Uber Pro card, a business debit Mastercard for drivers and couriers. Based on a worker’s tier, they can get up to $1 off per gallon of gas through Upside — an app that offers cash rewards — and up to 21 cents off per gallon of gas with Shell Fuel Rewards. The company also offers incentives for drivers who want to switch to electric vehicles.

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“We know the price of gas is top of mind for many rideshare and delivery drivers across the country right now,” Uber said in a blog post about its gas savings efforts.

Lyft also said it’s expanding gas relief through May 26 because the company knows that the extra cost “hits hardest for drivers who depend on driving for their income.”

The company is offering more cash back, depending on the driver’s tier, for drivers who use a Lyft Direct business debit card to pay for gas at eligible gas stations. They can get an additional 14 cents per gallon off through Upside.

Drivers say the fine print on the offers dictates which card they use and where they fill up gas, making it difficult for them to save money.

“If I do the math, it’s ridiculous,” Mejia said. “They’re offering us nothing.”

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Uber declined to comment, but pointed to its blog post about the gas relief efforts. Lyft also referenced the blog post and said “the gas savings were structured through rewards to maximize stackable opportunities.”

Guests at The Westin St. Francis hotel get into an Uber.

Guests at The Westin St. Francis hotel get into an Uber.

(Jess Lynn Goss / For The Times)

Gig workers have struggled with rising gas prices in the past.

In 2022, Lyft and Uber temporarily added a surcharge to their fares amid record-high gas prices following Russia’s invasion of Ukraine. This year, Uber is adding a fuel charge to its fares in Australia for roughly two months to offset the high cost of gas for drivers. Lyft said it hasn’t added a fuel charge in the U.S. or elsewhere.

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Margarita Penalosa, who drives full time for Uber and Lyft in Los Angeles, started as a rideshare driver in 2017. Back then, gas was cheaper. She would easily hit her goal of making $300 in eight hours. Now she’s making just $250 after working as much as 14 hours.

Gas prices, she said, used to be less than $3 per gallon. Now some gas stations are charging more than $8 per gallon.

“Take out the gas. Take out the mileage from my car and maintenance. How much [do] I really make? Probably I get $11 for an hour,” she said.

Jonathan Tipton Meyers wants to spend fewer hours as a rideshare driver.

He already juggles multiple gigs even while driving for Uber and Lyft in Los Angeles. He’s a mobile notary and loan signing agent, a writer and performer.

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Driving is “a very challenging, full-time job,” he said. “It’s very taxing and, of course, wages were just continually decreasing.”

A man stands for a portrait in a white button up shirt

John Mejia, a longtime Lyft and Uber driver, poses for a portrait before attending a meeting about unionizing gig drivers.

(Jess Lynn Goss / For The Times)

Even if oil continues to flow through the Strait of Hormuz, which Iran reopened Friday, it could take a while for gas prices to come down to earth, said Mark Zandi, the chief economist at Moody’s Analytics.

“There’s an old adage that prices rise like a rocket and fall like a feather,” he said. “I think that’ll apply.”

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In the meantime, it will be survival of the fittest drivers. If enough of them decide to leave the apps, the ride-hailing companies could be forced to raise fares further to attract some back.

“Those who approach rideshare driving strategically, tracking expenses, choosing trips carefully, and optimizing efficiency are far more likely to weather periods of high gas prices,” wrote Avedian in the Rideshare Guy blog. “For everyone else, a spike at the pump can quickly turn rideshare driving from a side hustle into a money-losing venture.”

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‘We’ve lost our way’: Clifton’s operator gives up on downtown Los Angeles

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‘We’ve lost our way’: Clifton’s operator gives up on downtown Los Angeles

The proprietor of Los Angeles’ legendary Clifton’s has given up on reopening the shuttered venue.

It’s just too difficult to do business in downtown’s historic core, he says.

Andrew Meieran bought Clifton’s on Broadway in 2010 and poured more than $14 million into repairs, renovations and upgrades, adding additional bar and restaurant spaces in the four-story building. In 2018, he found that demand for cafeteria food was too low to be profitable, and he pivoted to a nightclub and lounge concept called Clifton’s Republic, featuring multiple dining and drinking venues. Meieran has tried elaborate themed environments, such as a tiki bar and forest playgrounds, and renting out the location for big events to spark more interest.

It was never easy, but during and since the pandemic, the neighborhood has grown increasingly unsafe as downtown has emptied of office workers and visitors.

Storefronts are gated up due to vandalism in the historic district in downtown Los Angeles on Tuesday.

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(Eric Thayer / Los Angeles Times)

The alley behind Clifton's Cafeteria in the downtown historic district Tuesday.

The alley behind Clifton’s Cafeteria in the downtown historic district Tuesday.

(Eric Thayer / Los Angeles Times)

Vandalism has been rampant, with graffiti appearing on the historic structure almost daily. Vandals would use acid or diamond glass cutters to deface the windows, often cracking the glass. It would cost Meieran more than $30,000 each time to replace the windows. Insurance companies either stopped offering policies that covered vandalism or raised premiums by as much as 600%, he said.

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There has been continuous crime in the area, he said, including multiple assaults on people in front of his building. He last shut the venue last year, hoping things would improve and he could come back with a business that could work. Now he has given up. Someone else may take over the space or even the name of the historic spot, but he is done trying.

“We’ve lost our way,” Meieran said. “I want to get up on the tops of the skyscrapers and yell that people need to pay attention to this.”

The disenchantment of a business leader who used to be one of downtown L.A.’s biggest backers shines a spotlight on the stubborn safety concerns, rising costs and thinner foot traffic that have made it increasingly difficult for even iconic businesses to survive.

The once-popular institution dates back to 1935, when it was a Depression-era cafeteria and kitschy oasis that sold as many as 15,000 meals a day when Broadway was the city’s entertainment hub.

It served traditional cafeteria food such as pot roast, mashed potatoes and Jell-O in a woodsy grotto among fake redwood trees and a stone-wrapped waterfall reminiscent of Brookdale Lodge in Northern California.

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It’s not the only once-prominent destination that has failed to find a way to flourish in today’s market. Cole’s, one of L.A.’s most famous restaurants and often credited with inventing the French dip sandwich, closed last month after a 118-year run.

“The bigger problem for us and the rest of the industry is the high cost of doing business,” said Cedd Moses, who used to operate Cole’s and has backed many other bars and restaurants in historic buildings downtown for decades. “That’s what is killing independent restaurants in this city.”

Outside of Clifton's Cafeteria.

Outside of Clifton’s Cafeteria.

(Eric Thayer / Los Angeles Times)

Clifton's Republic owner Andrew Meieran stands next to a boat on the top floor of the historic restaurant in 2024.

Clifton’s Republic owner Andrew Meieran stands next to a boat on the top floor of the historic restaurant in 2024.

(Wally Skalij / Los Angeles Times)

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Clifton’s opened and closed repeatedly during the pandemic and, more recently, after a burst pipe caused extensive damage. Meieran opened it for special events such as last Halloween, but it has otherwise been closed.

Police are woefully understaffed and hampered by public policy, said Blair Besten, president of downtown’s Historic Core Business Improvement District, a nonprofit that arranges graffiti removal, trash pickup and safety patrols in the area.

Businesses and residents in the area would like to see a bigger police presence, but there have been protests against that by people who are not from downtown, she said.

“People are starting to see the fruits of the defunding movement,” she said. “It has not led us to a better place as a city.”

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The Los Angeles Police Department is making progress downtown, Captain Kelly Muniz said, with violent crime down more than 10% from last year.

“While we’re working very hard to solve crime, to prevent crime, there are still elements such as trash, open-air drug use, homelessness and graffiti,” she said. “We’re swinging in the right direction.”

Retailers have been opting out of downtown L.A., said real estate broker Derrick Moore of CBRE, who helps arrange commercial property leases. Brands have headed to more vibrant nearby neighborhoods such as Echo Park and Silver Lake.

“A lot of operators are just electing to skip over downtown,” he said. “They’re leasing spaces elsewhere, where they feel they have a greater chance at higher sales.”

A man walks past a pile of trash left on the street in the historic district.

A man walks past a pile of trash left on the street in the historic district.

(Eric Thayer / Los Angeles Times)

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While some businesses are struggling, many downtown residents say their perceptions of safety are improving and that the area is regaining some vibrancy.

“A lot of people live here. I think people forget that,” Besten said. “We’re all surviving. It’s just hard for all the businesses to survive.”

A green shoot for the Historic Core is Art Night on the first Thursday of every month, when 50 or 60 locations, including permanent art galleries and pop-up galleries in unused storefronts, display art to map-toting visitors who come for the occasion.

They often end up in Spring Street bars, which more typically thrive on weekend nights but are still a draw to downtown.

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“I think nightlife will thrive downtown, since bars attract people that don’t mind a little grittier atmosphere,” said Moses. “Our sales are hitting new records at our bars downtown, fortunately, but our costs have risen dramatically.”

A closed sign for Clifton's Cafeteria.

A closed sign for Clifton’s Cafeteria.

(Eric Thayer / Los Angeles Times)

Clifton’s former backer, Meieran, says he doesn’t think things are going to bounce back enough to warrant more massive investment. He has sold the building, and the owner is looking for a new tenant to occupy Clifton’s space. He still controls the Clifton’s name.

While there is still a chance he could let someone else use the name Clifton’s, Meieran is done for now — too many bad memories.

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“There was a guy who was terrorizing the front of Clifton’s because he decided he wanted to live in the vestibule in front, and he didn’t want us to operate there,” Meieran said. “He would threaten to kill anybody who came through.”

He doesn’t believe official statistics that show crime and homelessness are way down in the area, and he doesn’t want to restart a business when criminals can so easily erase his hard work.

“What business that’s already on thin margins can survive that?” he said.

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If you shop at Trader Joe’s, it may owe you $100

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If you shop at Trader Joe’s, it may owe you 0

Trader Joe’s customers might soon get a payout from the popular grocery chain.

The Monrovia-based company agreed to a $7.4-million settlement in a class action lawsuit that claimed customers were left vulnerable to identity theft.

Customers who purchased items with a credit or debit card from March to July in 2019 might be eligible for a payment as part of the settlement.

The plaintiff alleged that some receipts printed in 2019 included 10-digit credit or debit card numbers —double what’s allowed under the Fair and Accurate Credit Transactions Act.

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Trader Joe’s “vigorously denies any and all liability or wrongdoing whatsoever,” the grocery chain said in the settlement website. The grocery chain decided to settle to avoid a long and costly litigation process.

The payout will go toward paying impacted customers as well as attorney fees and other expenses.

About $2.6 million will go toward attorney fees, and the plaintiff will receive a $10,000 incentive payment, according to the settlement. The remaining funds will be distributed evenly among customers who submit valid claims.

It’s unclear how much money each customer would get, but the payout could be about $102, according to the settlement notice.

To receive the payout, customers must have received a receipt displaying the first six and last four digits of the card number.

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Some customers identified as part of the settlement class have been notified and received a class ID number to file a claim.

Customers have from now until June 6 to file a claim online or by phone.

A customer not identified in the settlement can still submit a claim by entering the first six and last four digits of the card used, along with the date it was used at Trader Joe’s.

Brian Keim, the plaintiff who brought the case, used his debit card at stores in Florida in 2019. He said some stores printed transaction receipts that included the first six and last four digits of customers’ card numbers.

The receipts did not include other personal information, such as the middle digits of the users’ cards, the cards’ expiration dates, or the users’ addresses. No customer has reported identity theft as a result of the receipts since the lawsuit was filed, the grocer said.

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However, identity theft doesn’t require submitting a claim for payment.

The settlement was agreed upon by both the grocer and the plaintiff, but still has to be approved by a court. A hearing is set in August.

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