Jimmy Choo Wants FACTA Class Action Tossed

Jimmy Choo has filed a motion to dismiss a proposed class action lawsuit, denying claims that it violated the Fair and Accurate Credit Transactions Act (FACTA).

Plaintiff Kerri Wood filed the Jimmy Choo FACTA class action lawsuit, alleging that when she purchased merchandise using her credit card from Jimmy Choo’s Palm Beach Gardens location in October 2015, her transaction receipt was printed with sensitive data.

According to Wood, along with the name of the salesperson, the luxury shoe designer willfully or knowingly printed her credit card’s expiration date, her home address and phone number on her credit card receipt, a direct violation of FACTA, which Wood claims put her at an increased risk for identity theft.

The FACTA class action lawsuit further alleges Jimmy Choo had years to comply with an important consumer protection law known as the Fair and Accurate Credit Transactions Act (FACTA), but the retailer failed to comply with the law.

In response to the proposed FACTA class action lawsuit, Jimmy Choo filed a motion to dismiss on Dec. 8, 2015.

While the luxury shoe retailer admitted to being aware that Wood’s transaction receipt was printed with the name of salesperson who conducted the transaction, and that the receipt in question contained a physical address, the company denied allegations that the credit card receipt was not truncated.

Counsel for Jimmy Choo has argued that Wood has failed to show proof that she was put at an increased risk for identity theft or that she suffered any personal injury, arguing that Wood’s allegations are purely speculative.

Background of FACTA

In 2003, Congress passed, and President Bush signed the Fair and Accurate Credit Transactions Act, or FACTA, requiring all merchants who electronically print transaction receipts to truncate credit card information.

FACTA states that “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.”

The effective date for FACTA compliance for all credit card machines was Dec. 4, 2006. Businesses that fail to comply with FACTA can be held liable for damages for violating the statute, provided that the FACTA violation was “willful” or “negligent.”

Where a FACTA violation is willful, the statute provides for statutory penalties of between $100 and $1,000 per transaction, and also provides for the recovery of attorney’s fees, costs and punitive damages.

A negligent violation requires proof of actual damages, but a successful plaintiff may also recover attorney’s fees and costs.

The vast majority of FACTA lawsuits allege that defendants “willfully” violated FACTA by printing more than the last five digits of the credit card numbers and/or the expiration date on the receipts.

The Jimmy Choo FACTA Class Action Lawsuit is Kerri C. Wood v. J Choo USA, INC. d/b/a “Jimmy Choo”, Case No. 9:15-cv-81487, in the U.S. District Court for the Southern District of Florida.

UPDATE: The Jimmy Choo FACTA class action settlement is now open! Click here to file a claim. 

UPDATE 2: On Nov. 30, 2017, Top Class Actions viewers who filed a valid claim for the Jimmy Choo credit card receipt class action settlement started receiving checks in the mail worth as much as $155.67. Congratulations to everyone who filed a 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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