FACTA Class Action Lawsuit Filed Against Oneida Tribe

A class action lawsuit has been filed accusing the Oneida Tribe of Indians of Wisconsin for allegedly violating the Fair and Accurate Credit Transactions Act (FACTA) for including more than the last five digits of a credit card number as well as the expiration date on customer receipts.

Wisconsin resident and plaintiff Jeremy M. alleges in his FACTA class action lawsuit that the Oneida tribe was well aware of FACTA requirements after being informed by the companies that sold cash registers to them as well as by credit and debit card processing companies including Visa, MasterCard, Discover and American Express.

FACTA Class Members claim that despite being informed of the law, the tribe “negligently, recklessly and/or willfully disregarded FACTA’s requirements and continued to use cash registers or other machines or devices that print receipts in violation of FACTA.” Plaintiffs are seeking $100 to $1,000 per FACTA violation.

FACTA Class Action Lawsuit Overview

In 2003, Congress passed FACTA to help consumers avoid the risk of identity theft when using a credit or debit card. FACTA requires that merchants shorten the credit card number shown on a receipt to the last five digits, or less, and completely omit the card’s expiration date. The FACTA rules apply to all businesses that print receipts including self-service kiosks, restaurants, and all receipts printed by a cash register.

On three separate occasions, Jeremy alleges his FACTA rights were violated when using his card at different retail businesses owned by the Oneida Tribe. In February, Jeremy received computer-generated retail transaction receipts that included both the card’s expiration date as well as more than the last five digits of his card number. If found negligent, merchants are subject to fines under the federal consumer protection law.

Businesses owned and operated by the Oneida tribe are subject to follow the FACTA requirements as the statute does not interfere with tribal governance or rights of the tribe, according to the FACTA class action lawsuit. At this time, the complaint claims that there are more than 50 FACTA violations to be considered by the jury.

FACTA Violation Examples

According to the Fair and Accurate Credit Transaction Act, “no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.”

Some of possible FACTA expiration violations include showing the following information on a receipt:

EXP: 02/18

EXP: 02/2018

EXP: 0218

EXP: 022018

In addition, violations of credit or debit card numbers may include showing the following:

Example 1: 22** **** **** 5555

Example 2: **** **11 **** 4444

Example 3: **** **** **77 ****

Even if fewer than five digits are printed, a FACTA violation may occur if the computer generated receipt shows they are not the last 5 digits of a card number.

The FACTA Class Action Lawsuit is Case No.15-cv-445 in the U.S. District Court for the Eastern District of Wisconsin.

Free FACTA Class Action Lawsuit Investigation

If you made one or more purchases and the retailer provided you with a receipt that contained more than the last five digits of your credit or debit card number or the expiration date, you may be eligible for a free class action lawsuit investigation and to pursue compensation for these FACTA violations.

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