AllSaints FACTA Lawsuit Remanded To State Court

An Illinois federal judge has remanded an AllSaints FACTA lawsuit that accuses the high-end retailer of violating the Fair and Accurate Credit Transaction Act by printing too many credit card numbers on customer receipts.

U.S. District Judge Elaine F. Bucklo rejected AllSaints motion to dismiss the case, citing that plaintiff Barbara Mocek claims have issues of standing.

The judge sent the case back to Cook County Court and told AllSaints  to pay Mocel $58,113 in attorneys’ fees, saying the retailer never objected to the fee amount.

“Although plaintiff’s claim arises under federal law, no one questions the state courts’ authority to adjudicate it,” Judge Bucklo concluded, adding that “even when they adjudicate federal claims, state courts are not restricted by Article III of the Constitution, although they may have their own standing requirements.”

The judge continued, saying that “as a general matter, federal courts ‘should interpret the removal statute narrowly and presume that the plaintiff may choose his or her forum’. Here, the plaintiff chose to litigate her FACTA claim in state court, and regardless of whether federal jurisdiction was colorable at the time of removal, the parties now agree that there is none.”

Allegations Raised in AllSaints FACTA Lawsuit

Mocek, who spent $10.63 on a canvas bag at an Illinois AllSaints location on July 1, filed the AllSaints FACTA lawsuit in an effort to stop the store from recklessly disclosing the personal and financial information of customers.

Although the Fair and Accurate Credit Transactions Act amendment to the Fair Credit Reporting Act limits the number of visible account numbers on a paper receipt to five, AllSaints has been displaying 10 since it first opened in the U.S. in 2009, the AllSaints FACTA lawsuit states.

“Because AllSaints willfully fails to comply with FACTA’s clear truncation mandate, thousands of AllSaints customers have been burdened with a heightened risk of payment card fraud and identity theft,” Mocek said in the filing, adding that she seeks “to put a stop to AllSaint’s unlawful practices and to seek redress for all those injured by its conduct.”

However, just a month after taking the case to federal court, AllSaints filed a motion on Sept. 30, asking Judge Bucklo to dismiss the case altogether, asserting the federal court itself lacked jurisdiction to hear the case.

To support argument, AllSaints cited the U.S. Supreme Court’s Spokeo decision, in which the court found plaintiffs need to demonstrate a concrete injury stemming from a technical violation of a privacy law, such as FACTA.

In response to that request, Mocek asked the court to allow the AllSaints FACTA lawsuit to proceed in Cook County court, where they had originally filed the case, and to sanction AllSaints for effectively prolonging the litigation by sending it to federal court to begin with.

The United Kingdom-based retailer of leather coats and other clothing, AllSaints operates retail outlets across the U.S., including in the Chicago area, and operates a distribution center in Bolingbrook.

Is Your Receipt FACTA Compliant?

FACTA states: “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.”

If you have received a printed receipt from a retailer or other merchant, and you think that it had any of the above details printed on it, then your rights have been violated and as a consumer it is well within your rights to file a FACTA class action lawsuit to obtain a recovery.

If successful with the lawsuit, you could obtain compensation, even if no identity theft occurred as a result of the information on the receipt.

The AllSaints FACTA Lawsuit is Mocek v. AllSaints USA Limited, Case No. 1:16-cv-08484, in the U.S. District for the Northern District of Illinois.

UPDATE: March 2019, the AllSaints credit card receipt class action settlement is now open. Click here to file a claim.

UPDATE 2: On Aug. 14, 2019, Top Class Actions viewers started receiving checks in the mail from the AllSaints receipt class action settlement worth $408.65! Congratulations to everyone who filed a valid claim and got PAID!

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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