Kirklands FACTA Class Action Lawsuit Filed Over Credit Card Receipts

Kirklands Inc. is set to face federal class action claims alleging that the company violated FACTA rules by inadequately censoring credit card numbers on receipts.

Kirklands, a home décor retail chain, has been hit with a Kirklands FACTA class action lawsuit that alleges its printed receipts displayed too many credit and debit card number digits, violating the rules of FACTA and placing customers’ account information at risk.

The company’s initial response to the Kirklands FACTA class action lawsuit was to file a motion to dismiss on the grounds that the plaintiffs hadn’t alleged that actual identity theft had occurred due to the FACTA violation. However, a Pennsylvania federal judge denied this motion to dismiss, agreeing with the plaintiffs that consumers wouldn’t have to allege that they were actually harmed by identity theft in order for the issue to qualify as a FACTA violation.

According to the Kirklands FACTA class action lawsuit, the retail chain’s customer receipts were printed displaying both the first six and last four digits of customer credit or debit cards. Ten digits out of a card’s sixteen total numbers is far more than is allowable under FACTA rules. FACTA allows for only the last five digits of a credit or debit card number to be printed on receipts, and no more.

The Fair and Accurate Credit Transactions Act

The Fair and Accurate Credit Transactions Act (FACTA) was initiated in 2003 to protect consumers’ private credit card information on printed receipts, helping to prevent potential fraud and identity theft. FACTA outlines specifically how businesses should truncate, or shorten, the credit card information printed on receipts. Under FACTA, no more than the last five digits of a card number can be displayed, and the numbers cannot be any others besides the last five digits.

This truncation follows FACTA rules:

**** **** ***1 2345

as does this:

**** **** **** 4321

Whereas this, with numbers displayed in the first digits, violates FACTA:

1234 5*** **** ****

Additionally, no portion of a card’s expiration date can be included on a receipt.

Filing FACTA Credit Card Receipts Lawsuits

This Kirklands FACTA class action lawsuit and other FACTA lawsuits target businesses for violations against far more than just one customer. A violation found on one customer’s receipt will occur on any other receipt printed by the same machine, meaning that hundreds or even thousands of customers may be affected at one time. These violations can pile up, hitting the company with a hefty fine.

Proving that a business violated FACTA protections is simple. Take note of whether or not your receipts follow receipt rules for both card numbers and expiration dates. If they do not, then you may join the growing number of FACTA credit card receipt lawsuits.

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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