FACTA Receipt Lawsuit Alleges Florida Burger King Restaurants Violated Federal Law

A man has filed a FACTA receipt lawsuit against Burger King Corp., and he has requested a federal court grant class action status to the complaint.

Plaintiff Ryan Gesten alleges that 49 Burger King locations in the Miami area violated the Fair and Accurate Credit Transactions Act (FACTA) between October 2016 and January 2017.

During that period of time, the Burger King locations allegedly printed receipts that included the first six and last four digits of the customers’ credit or debit cards. FACTA allows only the last five digits of a card number to appear on a printed receipt.

Gesten says that his FACTA receipt lawsuit qualifies for class action status because potentially hundreds of thousands of plaintiffs could be involved. He also noted that each individual claim by itself would result in a relatively small monetary award.

Gesten alleges that nearly 830,000 alleged FACTA receipt violations occurred during the specified time period. His allegations are based upon transaction history and cash register programming data that Burger King had to share.

Gesten also said that similar FACTA receipt lawsuit cases have been granted class action status and that the law firm he hired has collected several million dollars for plaintiffs in at least five other FACTA receipt lawsuit that were class action cases.

FACTA Receipt Lawsuit Holds Businesses Accountable

The Federal Trade Commission’s Bureau of Consumer Protection says, “Credit card numbers on sales receipts area a ‘golden ticket’ for fraudsters and identity thieves.”

Congress passed FACTA in 2003, but the requirements were phased in gradually to give businesses time to ensure their electronic card processing machines were FACTA compliant. Any businesses that had older machines received leeway until Dec. 1, 2006. Certainly, by the time the alleged Burger King FACTA violations occurred in 2016 and 2017, all businesses were expected to be FACTA compliant.

In order to help prevent consumers from identity theft or credit card crime, a maximum of the last five digits of the credit card or debit card number may appear on the receipt. Any other combination of numbers (the first two and last three digits; the first four and last one, etc.) are not acceptable. The expiration date of the credit or debit card should not appear anywhere on the receipt, either.

According to the FTC, “Noncompliance could open a company up to an FTC law enforcement action, including civil penalties and injunctive relief. In addition, the law allows consumers to sue businesses that don’t comply and to collect damages and attorney’s fees.”

The FACTA Receipt Lawsuit is Gesten v. Burger King Corp., Case No. 1:18-cv-20450, 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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