Delaware
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1-15935
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59-3061413
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(State
or other jurisdiction of incorporation)
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(Commission
File Number)
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(I.R.S.
Employer
Identification
No.)
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Item 8.01
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Other
Events
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In
April 2007, we were served with a putative class action complaint
captioned Gerald D. Wells, Jr. et al. v. OSI Restaurant Partners,
Inc., Case No. 07-1431, that was filed in the United States District
Court for the District of Pennsylvania alleging violations of the
Fair and
Accurate Credit Transactions Act, or FACTA. In addition, we had previously
been provided with a copy of a putative class action complaint captioned
Saunders v. Roy’s Family of Restaurants, Inc., Case No.
SACV07-164 CJC (ANx), that was filed in the United States District
Court
for the Central District of California also alleging violations of
FACTA,
but have not yet been formally served in the suit. FACTA restricts,
among
other things, the credit and debit card data that may be included
on the
electronically printed receipts provided to retail customers at the
point
of sale. The suits allege that the defendants violated a provision
of
FACTA by including more information on the electronically printed
credit
and debit card receipts provided to customers than is permitted under
FACTA. Both complaints seek monetary damages, including statutory
damages,
punitive damages, attorneys’ fees and injunctive relief. These lawsuits
are among a number of lawsuits with similar allegations that have
been
filed recently against large retailers and foodservice operators,
among
others, as a result of the implementation of FACTA, which became
fully
effective as of December 4, 2006. We are currently examining information
relating to the allegations in these complaints and are evaluating
developing judicial interpretations of the statute. While we intend
to
vigorously defend against these actions, both of these cases are
in the
preliminary stages of litigation, and as a result, the ultimate outcome
of
these cases and their potential financial impact on us are not
determinable at this time.
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Pursuant
to the requirements of the Securities Exchange Act of 1934, the Registrant
has duly caused this report to be signed on its behalf by the undersigned
hereunto duly authorized.
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OSI
RESTAURANT PARTNERS, INC.
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(Registrant)
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Date: April
25, 2007
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By:
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/s/
Dirk A. Montgomery
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Dirk
A. Montgomery
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Chief
Financial Officer
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