Man Files Exxon Speedpass Lawsuit Alleging FACTA Violations

An Illinois man recently filed a lawsuit over the Exxon Speedpass gas payment option, alleging that using the Exxon Speedpass exposes customer’s credit and debit card numbers in violation of FACTA.

The plaintiff, Michael C., filed his Exxon Speedpass lawsuit against two Missouri convenience store companies, Reeves and Southern, that offer Exxon gasoline.

According to Michael’s lawsuit, both of these companies offer their customers a payment option called the Exxon Speedpass, a “contactless payment option that allows a customer to link a credit card or debit card electronically to a keychain device.” Then, their purchase is charged through the Exxon Speedpass to connect with their credit or debit card.

From May to July 2017, Michael claims, he made several visits to Reeves and Southern locations to purchase gas, using his Exxon Speedpass linked with his credit card. He was given receipts after these purchases.

However, the receipts allegedly did not comply with FACTA rules. Instead, the Exxon Speedpass receipts showed six more digits of his credit card number than are allowed under FACTA, totaling 10 digits. The first 6 digits and the last 4 were included on his receipts, the lawsuit claims, which violates FACTA and exposes Michael to the risk of identity theft.

FACTA only allows the last five digits of a debit or credit card number to be shown, and no more. Digits from anywhere else in the number are not allowed. FACTA also disallows any portion of a card’s expiration date to be displayed.

It’s not easy to keep track of receipts, so it is important that the information on them be relatively inconsequential. FACTA regulations are meant to keep too much information from falling into the hands of those who would use it to commit identity theft.

Michael noted that he has sometimes forgotten his receipt, leaving it in the machine for anyone to see. This could place his information at considerable risk, given that so much of his credit card number is included on the receipt.

This is an especially interesting FACTA violation, given that Exxon has marketed its Exxon Speedpass as “worry-free technology” because “[c]ard numbers or other personal information are not stored on the Speedpass device, so [the user’s] information is protected from unauthorized access, the lawsuit notes.”

The lawsuit notes that, since FACTA rules have been “widely publicized” for years, these companies should certainly have been aware of and complied with FACTA requirements—especially given that Exxon has advertised the Exxon Speedpass as a way of protecting personal information.

Michael filed this Exxon Speedpass lawsuit as a class action, on behalf of himself and others similarly situated.

Proposed Class Members include those who have used the Exxon Speedpass system and been provided a receipt that shows more than five digits of their card number in the two years preceding the filing of this lawsuit. A subclass includes those who made gas purchases specifically at a Reeves or Southern location.

If you have made Exxon Speedpass purchases and believe your receipts show FACTA violations showing your card’s expiration date or a part of the number outside the last five digits, you may be able to join a class action Exxon Speedpass lawsuit.

The Exxon Speedpass FACTA Lawsuit is Coleman v. Exxon Mobil Corporation, et al., Case No. 1:17-cv-001190SNLJ, in the U.S. District Court for the Southeastern Division of the Eastern District of Missouri.

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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