Spirit Airlines $7.5M FACTA Class Action Settlement Gets Final Approval

A FACTA class action settlement in a lawsuit alleging Spirit Airlines Inc. violated the Fair and Accurate Credit Transactions Act by printing more than the last five digits of customers’ credit and debit card numbers on receipts has been given the final approval.

U.S. District Judge James Cohn issued the final approval earlier this month, concluding that the agreement was appropriate and only one potential class members had opted for exclusion from the FACTA class action settlement.

“The court has considered all of the factors enumerated in the [federal rules of civil procedure] and finds that class counsel have fairly and adequately represented the interests of the settlement class,” Judge Cohn wrote.

Plaintiff Christopher Legg brought forth the initial complaint back in 2014, claiming that Spirt Airlines printed the first seven digits of his credit card account number along with the last four digits of his credit card on his receipt – a violation of FACTA.

Legg noted in his complaint that Spirit Airlines was no stranger to FACTA requirements as the company was previously accused of willfull FACTA violations in 2010.

The Spirt Airlines FACTA class action settlement is the second-largest cash settlement ever reached under FACTA with class members expected to receive approximately $265 each after attorneys’ fees of $2.5 million and litigation costs are deducted, along wit Legg’s service award of $10,000 for leading the class action.

Any remaining funds will be donated to charity, with the Judge recommending that any leftover funds be divided equally between the Public Interest Research Group and The Sedona Conference.

What Does FACTA Do?

The Fair and Accurate Credit Transactions Act of 2003 (FACTA) amended the Fair Credit Reporting Act to, among other things, reduce the instances of identity theft.

One section of the Act, Truncation of Credit Card and Debit Card Account Numbers, sets forth, since 2006, rules requiring electronic receipts to show no more than the last five digits of the credit or debit card or its expiration date.

The reason for this is simple. Criminals look to these receipts when improperly discarded for credit card information and then use them to make bogus purchases or to facilitate identity theft. If the information is not on the receipt, the identity thieves cannot get the information.

Specifically, FACTA law provides that merchants are responsible for truncating the card number and expiration date on customer copies of an electronically generated credit or debit card receipt. No more than the last five digits of the card number may show on the receipt. Additionally, the expiration date must be removed in its entirety.

Any credit or debit card receipt printed – and presented – with complete card numbers after Jan. 1, 2008, is in violation of FACTA.

If you were provided an electronically printed credit or debit card receipt at the point of sale on which the expiration date or number of your credit or debit card was printed, you may be eligible to file a FACTA lawsuit.

The Spirit Airlines FACTA Class Action Lawsuit is Legg v. Spirit Airlines Inc., Case No. 0:14-cv-61978, in the U.S. District Court for Florida’s Southern District.

You can find more information regarding the Spirit Airlines FACTA Class Action Settlement here.

UPDATE: On Oct. 10, 2016, Top Class Actions viewers started receiving checks in the mail from the Spirit Airlines FACTA class action settlement worth as much as $112.55! Congratulations to all our readers who submitted claims 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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