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The plaintiff in a proposed class action lawsuit against Microsoft has responded to the tech company’s motion to dismiss the lawsuit by saying the Supreme Court’s recent Spokeo decision further supports the allegations in his claim.
Plaintiff Carlos Guarisma has accused Microsoft of allegedly violating consumer privacy when it printed credit card receipts with ten digits of the credit card account number.
Guarisma claims that printing any more than the last five digits of a credit card number on an electronic receipt is in violation of the Fair and Accurate Credit Transactions Act (FACTA), according to the credit card receipt class action lawsuit.
The proposed credit card receipt class action lawsuit was originally filed in November 2015 and was administratively closed by US District Judge Cecelia Altonaga while the parties waited for the Spokeo decision from the Supreme Court which was announced on May 16.
Microsoft filed its bid to dismiss the credit card receipt class action lawsuit in the middle of June.
“Microsoft’s actions caused plaintiff multiple Article III injuries… Microsoft’s alleged violation of plaintiff’s FACTA rights, by itself, is a concrete injury,” the plaintiff’s attorneys stated.
“Spokeo reaffirms that intangible harms identified by Congress or recognized at common law are also concrete injuries. Congress determined and the common law recognizes that Microsoft’s inclusion of more than the last five digits of consumers’ credit card numbers on its transaction receipts violates consumers’ privacy interests. Congress also determined this practice creates an unacceptable risk of identity theft. Finally, Spokeo confirms that Plaintiff’s right to recover statutory damages presents a concrete dispute,” Guarisma’s attorney’s added.
Additionally, Guarisma said that a recent Sixth Circuit decision also supported his current credit card receipt class action lawsuit when the appeals court ruled that consumers have a right to receive certain disclosures and it can be considered an injury if consumers do not receive such disclosures.
Guarisma said that he must now deliberately work to protect his receipt rather than casually tossing, and this constituted a very real and concrete injury that was caused by Microsoft.
In his new filing, the plaintiff also states that the defendant has tried to force him into arbitration to address his claims. Guarisma states that the contract for arbitration is based on a warranty that covers the “user” of the purchased product.
Guarisma says he purchased the Microsoft product for another individual and is not a current user of the product, therefore the arbitration clause does not apply to him. He also says that during his product purchase, Microsoft never alluded to compelling arbitration, and he never agreed to such a clause.
Filing a Credit Card Receipt Class Action Lawsuit
If you have an electronically printed credit card receipt that lists more than the last five digits of your credit card account number or if the receipt lists any part of the expiration date of your credit card, you may be eligible to file a credit card receipt class action lawsuit.
An attorney can review your case for free and can help you understand if you are eligible to pursue legal recourse against the retailer.
The Microsoft Credit Card Receipt Class Action Lawsuit is Guarisma v. Microsoft, Case No. 1:15-cv-24326, 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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