Eyes of retailers and card issuers will turn to New York todaywhere U.S. District Court Judge John Gleeson will hear oralarguments concerning whether retailers and retail organizationsopposed to a pending settlement of long-standing anti-trustlitigation between retailers, card issuers and card brands havebeen publishing misleading information about the pending agreement.

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The settlement has been opposed by several prominent retailchains and some retail associations.

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Retailers in agreement with the settlement complained on March29 that some websites put up by settlement opponents had failed togive true and accurate information about the settlement, arguing inpart that “unlike the court-approved website, these sites omit aneutral discussion of the settlement's terms and benefits, inplaces misstate them, and fail to fully and fairly apprise classmembers of their alternatives and the consequences of thosealternatives.”

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The supporters of the settlement have sought a court order thatwould force settlement opponents to modify the language on theirwebsites.

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In ordering a hearing about the complaint, Gleeson appeared toentertain the possibility that the allegations have merit.

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“The trade associations responsible for the websites at issueare hereby ordered to show cause … why the relief sought should notbe granted,” the judge wrote.

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“In addition, they shall show cause why they should not beordered to send a corrective communication to every class memberwho has either opted out of or objected to the proposed settlement(or both) based on the false or misleading information, togetherwith a renewed opportunity for each such class member to choosehis, her or its course of action with respect to the proposedsettlement,” Gleeson wrote.

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