Chili’s FACTA Class Action Lawsuit
By Kimberly Mirando
Restaurant chain Chili’s Bar & Grill has been hit with a class action lawsuit for printing credit card expiration dates on customer receipts — a violation of the Fair and Accurate Credit Transaction Act (FACTA).
Under FACTA, merchants who accept credit cards or debit cards had until December 2006 to comply with the requirement that they would not print more than the last five digits of a customer’s credit or debit card number or the expiration date on the receipt provided to the cardholder at the point of sale or transaction.
The Chili’s FACTA class action lawsuit alleges the restaurant chain violated this law by continuing to print the expiration date on paper receipts. Plaintiff Marilyn Frey, a Texas resident, argues in the class action lawsuit that Chili’s is failing to protect her and others similarly situated against identity theft and credit card and debit card fraud.
The proposed class action lawsuit against Chili’s will include anyone who received an electronically printed receipt at a point of sale or transaction at Chili’s occurring after December 4, 2006, on which was printed more than the last five digits of the credit card or debit card number or the expiration date of the card. The proposed class action does not include anyone who has suffered identity theft as a result of the violations.
The Chili’s FACTA class action lawsuit is seeking an award of statutory damages, punitive damages, court costs and attorneys’ fee.
The case is Marilyn Frey v. Brinker Texas, Inc. d/b/a Chili’s Bar & Grill, Case No: 4:11-cv-00318, Eastern District of Texas, Sherman Division.
Updated June 9th, 2011
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