Bitech Inc. d/b/a Performance Bicycle Shop Class Action Lawsuit Settlement

If You Used A Credit Card To Purchase Merchandise Or Services At A Bitech, Inc., d/b/a Performance Bicycle Shop (“Performance”) California Store Between April 14, 2007 And September 8, 2009 and Performance Requested And Recorded Your Personal Identification Information, Consisting Of Your Mailing Address, Email Address And/Or Telephone Number, You Could Get Benefits From A Class Action Settlement.

A class action settlement has been reached in a class action lawsuit pending against Bitech Inc. d/b/a Performance Bicycle Shop (“Performance”) in the Superior Court of California, County of San Diego (captioned Eric Fisher v. Performance, Inc., et al., San Diego Superior Court, Case No. 37-2008- 00081675 CU-BT-CTL) alleging that Bitech Performance Bicycle Shop requested and recorded customers’ personal identification information, consisting of mailing addresses, email addresses and/or telephone numbers, in its California stores when customers used a credit card to purchase merchandise or services between April 14, 2007 and September 8, 2009, and that this practice violated California Civil Code section 1747.08, according to the Performance Bicycle Shop Class Action Settlement Notice.

The Performance Bicycle Shop class action settlement reportedly provides, among other things, that Performance has agreed to provide Settlement Class members, who meet the criteria for an award and do not opt out of the Settlement, a twenty dollar ($20.00) Credit Certificate that can be applied in a single transaction toward the purchase price of merchandise at any Performance Bicycle Shop physically located in California.

The Performance Bicycle Shop Credit Certificate reportedly may only be used by a Settlement Class member for an in-store purchase, and is limited to one per Settlement Class member.  Performance Bicycle Shop Credit Certificates may not be used for any Internet, telephone, special order or mail-order transaction, to purchase gift certificates, or for any other tender or transaction that may be converted to cash or cash equivalents. Credit Certificates also reportedly have a six (6) month expiration, may not be aggregated or transferred for value, and will not be replaced if lost or stolen. Credit Certificates do not have a minimum purchase requirement for their use, but may be used only once, and any unused balance will be forfeited.

The Performance Bicycle Shop “Settlement Class” reportedly includes all Performance customers who are not otherwise excluded, who during a Covered Credit Card Purchase Transaction in a Performance retail store in California during the Class Period (April 14, 2007 to September 8, 2009), were requested to provide a personal mailing address, email address and/or telephone number, which information was recorded by Performance during the Covered Credit Card Purchase Transaction.

According to the Performance Bicycle Shop class action settlement notice, a “Covered Credit Card Purchase Transaction” means a purchase transaction in a Performance retail store in California during the Class Period that utilized a personal credit card (as opposed to a debit card, cash, check, gift card, store credit or other form of tender), during which the customer’s Personal Identification Information (personal information concerning a credit card holder that is not forth on the credit card, including but not limited to the card holder’s address (home or email) and/or telephone number) was requested and recorded by Performance, that meets all of the following criteria:

• The customer was not a paying member of Team Performance at the time of the transaction, did not purchase a Team Performance membership as part of the transaction, and their
• Personal Identification Information was not in a Performance database prior to April 14, 2007;
• The transaction did not involve the purchase of a bicycle;
• The transaction did not involve service, repairs or other activities that involved leaving a bicycle or other property at the store;
• The transaction did not involve any refund, return or exchange;
• The transaction did not involve any purchase financed by a third party financial institution affiliated with Performance;
• The transaction did not involve a layaway or deposit for a future purchase or potential future purchase;
• The transaction did not involve a deposit on a bicycle test ride;
• The transaction did not involve merchandise shipped to another store or location for customer pickup;
• The transaction did not involve an Internet, Red Phone, telephone or mail order transaction; and
• The transaction did not involve any other purpose incidental to the transaction for which the customer’s address or telephone number was reasonably necessary, including but not limited to a special order of merchandise not in stock at the store where the purchase was made, shipping, delivery, servicing or installing the purchased merchandise, or notifying the customer of the arrival or availability of requested merchandise or services.

For more information on the Bitech Inc. d/b/a Performance Bicycle Shop class action lawsuit settlement and potential settlement benefits, call 1-866-237-2803, send an email to info@FisherSettlement.com or visit the Performance Bicycle Shop class action settlement website:

www.fishersettlement.com

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