Tamara Burns  |  September 29, 2016

Category: Consumer News

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pc-richard-sonAppliance store P.C. Richard is facing a proposed class action lawsuit in New Jersey state court with allegations that the company printed debit card and credit card expiration dates on receipts, violating federal law.

Plaintiff MaryLisa Rapa alleged that P.C. Richard & Son LLC has continued to break the law even after facing a lawsuit with similar allegations last year.

She alleges that the company has willfully ignored the provisions of the Fair and Accurate Credit Transactions Act (FACTA) that require merchants to truncate the information that appears on credit card and debit card receipts.

Rapa claims that she received a receipt from P.C. Richard in June that included the expiration date of her credit card.

She said this violation occurred more than eight years after merchants were expected to be in compliance with FACTA requirements.

“In addition, in light of its actual knowledge of FACTA’s requirements and risks of non-compliance as set forth above, Defendant acted with a reckless disregard by violating FACTA while knowing that it was undertaking an objectively unjustifiably high risk of harm,” the lawsuit reads.

In addition to the lawsuit alleging violations of FACTA, it also claims that P.C. Richard violated New Jersey’s Fair Credit Reporting Act which also states that merchants may not print expiration dates on receipts or more than the last five digits of a debit card or credit card number.

Rapa also claims that the merchant violated the New Jersey Truth in Consumer Contract, Warranty and Notice Act (TCCWNA).

FACTA was enacted in 2003 two protect consumers from identity theft. Businesses had three years to come into full compliance with the act’s rules regarding the information allowed on printed electronic receipts.

Some businesses had their deadline extended June 2008 to ensure that no more than the last five credit card numbers appeared and there was part of the printed expiration dates on receipts.

The complaint says that P.C. Richard has received numerous warnings about FACTA compliance, including an FTC notice and policy updates for Visa and MasterCard.

“Despite the various forms of notice given to Defendant of the truncation requirements applicable to credit/debit card receipts, defendant continued to print prohibited information on customer receipts,” the proposed class action lawsuit reads.

Rapa seeks to represent a proposed class of New Jersey residents who received electronically printed point-of-sale receipts from P.C. Richard that included printed expiration dates on receipts for the customer’s credit card or debit card during the time period between Aug. 4, 2012 and Aug. 24, 2016.

On behalf of herself and the proposed class, Rapa is seeking statutory damages between $100 and $1000 per each potential class member based on the provisions set forth in New Jersey’s Fair Credit Reporting Act.

The other lawsuit filed against P.C. Richard over allegations of printed expiration dates on receipts is currently pending in New York federal court.

The P.C. Richard FACTA Class Action Lawsuit is Case No. L-1891016, in the Superior Court of New Jersey, County of Morris.

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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