Christina Spicer  |  August 15, 2018

Category: Consumer News

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A plaintiff who says that the receipts given to him at a Six Flags in New Jersey exposed him to a risk of identity theft will have his class action lawsuit heard in state court.

Lead plaintiff Yaakov Katz alleged in the Six Flags identity theft class action lawsuit that the receipts for debit and credit card transactions provided by the amusement park contained information that could expose consumers to fraud.

Katz also claimed that the receipts violated various federal laws, including the Fair and Accurate Credit Transactions Act (FACTA).

According to the Six Flags identity theft class action, FACTA requires that merchants appropriately truncate credit and debit card information on receipts.

The purpose of the law is to protect consumers from the risks of identity theft from discarded receipts containing financial information that could be used by thieves for fraudulent purposes.

The Six Flags class action pointed out that FACTA provides steep fines for companies caught violating the consumer protection law.

In the Six Flags receipt class action, the plaintiff said that when he visited a park in Jackson, New Jersey, he was dismayed to find that 10 numbers from his American Express credit card were included in a receipt he received.

Katz argued that including this information exposed him to identity theft and fraud.

After taking the Six Flags class action lawsuit to federal court, Six Flags argued that the class action lawsuit should be dismissed.

A federal judge found that the federal claims in the Six Flags identity theft class action were not sufficient to keep the case in federal court.

Specifically, U.S. District Court Judge Freda L. Wolfson determined that the FACTA claims in the Six Flags identity theft class action lawsuit were not enough to establish standing.

“Simply put, plaintiff’s alleged harm rests purely on conjecture, as the complaint fails to even include allegations that plaintiff’s credit card information was accessed by another individual, let alone allege with any degree of specificity how someone may access that information in the future,” noted the judge in her order remanding the Six Flags identity theft class action to state court.

However, since the plaintiff had asked for the case to be remanded in the face of dismissal, the Six Flags identity theft class action will be heard in state court.

Six Flags attempted to convince the judge that the plaintiff’s case should not go to state court, but the judge disagreed.

The Six Flags theme park receipt class action seeks to represent the plaintiff and all amusement park patrons who used debit or credit cards at the park and whose receipts included improperly truncated numbers and other information.

Katz is represented by Ryan Gentile of the Law Offices of Gus Michael Farinella PC.

The Six Flags Identity Theft Class Action Lawsuit is Yaakov A. Katz v. Six Flags Great Adventure LLC, et al., Case No. 3:18­-cv-­00116, in the U.S. District Court for the District of New Jersey.

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