Plaintiff Tries to Keep Paris Baguette America Credit Card Receipt Lawsuit Alive

Paris Baguette America Inc. is trying to dismiss a class action credit card receipt lawsuit from a woman alleging major violations under the Fair and Accurate Transactions Act (FACTA).

The woman stated that according to the U.S. Supreme Court’s Spokeo ruling, printing expiration dates of debit and credit cards on receipts constitutes as injury.

Lead plaintiff Devorah Cruper-Weinmann alleges Paris Baguette had violated FACTA policy by printing the expiration dates of debit or credit cards.

After refiling her class action credit card receipt lawsuit due to the Baguette’s bid to have it dismissed, Cruper-Weinmann states that what the company did counted as injury under the Supreme Court’s ruling in Spokeo Inc. v. Robins.

According to the decision, the Supreme Court ruled that plaintiffs had to show evidence of actual injury to pursue legal action.

However, the court ruled that printing expiration dates of payment cards constitutes as evidence as damage.

“Courts that have examined the Article III standing of FACTA plaintiffs pursuant to Spokeo have held that merchants cause consumers a concrete injury in fact by printing their personal financial information … irrespective of proof of actual identity theft or a specific harm to their credit,” Cruper-Weinmann said.

FACTA Class Action Credit Card Lawsuit Allegations

Cruper-Weinmann went on to cite three rulings from this past summer, both of which are from the Eleventh Circuit, to support her argument to keep her class action credit card receipt lawsuit going.

The plaintiff had originally filed her class action credit card receipt lawsuit in October 2013, alleging that she had been at risk for identity theft due to the information printed on her credit card receipts.

FACTA is a strict federal policy that requires merchants to perform truncation on the electronically printed receipts from debit and credit card transactions.

To be FACTA compliant, merchants must hide all but the last five digits of the card and completely omit the expiration date to lower the chances of credit card fraud and identity theft.

Prior to the Spokeo ruling, U.S. District Judge Rakoff had found that Paris Baguette had not been willful in their alleged FACTA violation, regarding the printed expiration dates, and had dismissed Cruper-Weinmann’s claim.

After appealing the ruling to the Second Circuit, which revived her class action credit card receipt lawsuit as she was able to align her claim with Spokeo. The revised class action credit card lawsuit emphasized the alleged FACTA violation , stating that by increasing her chances of identity theft had constituted to actual harm.

Paris Baguette still argued that Cruper-Weinmann had failed to prove any damages. In August 2016, Paris Baguette had urged Judge Rakoff to once again dismiss the class action credit card receipt lawsuit as there is no legitimate claim and has no standing under Spokeo’s precedent.

Even with the opposition of Paris Baguette, Cruper-Weinmann’s lawyer is confident in pursuing the FACTA violations. Her lawyer further stated that “FACTA’s identity-theft prevention measures are clearly substantive rights that deserve vindication through the remedies at law prescribed by Congress.”

The Paris Baguette America Credit Card Receipt Class Action Lawsuit is Cruper-Weinmann v. Paris Baguette America Inc., Case No. 1:13-cv-07013, in the U.S. District Court for the Southern District of New York.

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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