Body Shop Credit Card Receipt Lawsuit Filed in Fla. Court

The Body Shop beauty retailer has been under fire recently as two customers have filed a Body Shop credit card receipt lawsuit. Most recently, the lead plaintiff in one of the cases believes that The Body Shop’s request for a stay pending settlement approval is pointless.

Lead plaintiff, Shane Flaum, shopped at The Body Shop at Sawgrass Mills Mall in Sunrise, Florida in December 2015. He was handed a receipt bearing the first six and last four digits of his Visa credit card number.

According to his Body Shop credit card receipt lawsuit, this is in direct violation of the Fair and Accurate Credit Transactions Act (FACTA) that states a retailer may print no more than the last five digits of a credit card or debit card number.

In February 2016, both he and a different plaintiff, Henry Lee, filed a nearly identical Body Shop credit card receipt lawsuit against the company. They argued unsuccessfully that the two lawsuits should be combined to avoid inconsistent rulings and judicial waste.

Both Lee and Flaum believed that joining the cases would prevent The Body Shop from pitting the potential classes in each Body Shop credit card receipt lawsuit against one another and imposing a potentially weaker settlement upon the other class.

Flaum has been quoted as saying that this is exactly what did end up happening with Lee’s case. “The exceptionally poor settlement proposed in Lee reflects this dynamic,” he noted and added that the proposed settlement in Lee’s Body Shop credit card receipt lawsuit is unlikely to receive final approval.

The settlement in Lee’s case awards $500,000 in legal fees and $4,000 for the lead plaintiff. The class members, however, would only receive $12 gift cards to The Body Shop.

Recently, Flaum spoke out against The Body Shop requesting a stay pending settlement approval, saying that it is pointless and contradicts earlier arguments. Given that The Body Shop itself argued for each Body Shop credit card receipt lawsuit to operate independently, Flaum believes this is unjust.

The response was filed in Fort Lauderdale, Florida and Flaum argued that it was inconsistent for The Body Shop to seek a stay in his Body Shop credit card receipt lawsuit after they had contended successfully that the two lawsuits be addressed separately.

He also indicated that if the court granted The Body Shop’s motion to stay, it will delay his case unnecessarily because he thinks the Lee settlement will be rejected as inadequate.

Flaum noted in his motion, “Accordingly, because the proposed settlement in Lee is unlikely to be approved, and because plaintiff Flaum’s case will proceed regardless of what happens in Lee, it would be patently unfair, not to mention contrary to law, to force him to sit idly by indefinitely pending the consideration of a settlement in a different case that does not and will not affect him.”

This Body Shop Credit Card Receipt Lawsuit is Flaum v. Buth Na­Bodhaige Inc., d/b/a The Body Shop LLC, Case No. 0:15­-cv-­62695, in the U.S. District Court for the Southern District of Florida.

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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