By Amanda Antell  |  August 1, 2017

Category: Consumer News

Swiping a credit or debit card through a transaction terminalA concerned customer recently filed a Burger King credit card receipt lawsuit after receiving a receipt that reportedly did not meet strict FACTA standards.

According to the Burger King credit card receipt lawsuit, the fast food chain allegedly failed to follow the Fair and Accurate Credit Transactions Act (FACTA) in regards to their printed receipts.

The Burger King credit card receipt lawsuit alleges the faulty receipt showed too many digits of the purchaser’s credit card number, with the claim seeking class action status in Florida federal court.

Named plaintiff Ryan D. Gesten alleges the fast food giant violated federal privacy laws and customers’ privacy by showing more than the last five digits of the credit card number. Customers claim that the sales receipts shows the first six and last four digits of of their credit cards, which violates FACTA policy.

“Not only was defendant so informed not to print more than the last five digits of credit or debit cards, it was contractually prohibited from doing so,” the complaint said.

“Defendant accepts credit cards and debit cards from all major issuers; these companies set forth requirements that merchants, including defendant, must follow, including FACTA’s redaction and truncation requirements,” the Burger King credit card lawsuit said.

Overview of Burger King Credit Card Receipt Lawsuit

FACTA was enacted in 2003 to help combat the rising problem of credit card fraud and identity theft which required companies and other merchants with transaction software to limit the amount of information exposed on card receipts.

Under FACTA, no more than the last five card numbers can be present on the receipt, and the expiration date must be completely omitted. Companies were given until 2006 to update their systems to be FACTA compliance. Allegedly, the Miami based Burger King location failed to comply.

The alleged FACTA violations occurred in June 2017. The Burger King credit card receipt lawsuit also alleges the receipts exposed the method of payment and card type, as well as the time and date of the transaction. When combined with the card numbers exposed on the receipts, the risk of identity theft significantly increases.

According to the Federal Trade Commission, Florida residents reported the highest number of fraud related incidents and was the third highest in number of identity theft complaints in 2015.

Given the state’s awareness of identity theft and fraud severity, Gesten alleges Burger King should have been aware of FACTA policy and should have taken necessary precautions to insure their customers were protected. Burger King was previously sued for FACTA violations in 2008 and 2011 in Florida and Wisconsin respectively, Gesten says, so the company is well aware of the federal policy.

Ultimately, the Burger King credit card receipt lawsuit alleges the fast food restaurant acted negligently towards its customers, as company employees could collect discarded receipts for the personal identity information of customers.

The Burger King credit card receipt lawsuit is seeking class action status to represent a nationwide class of consumers who may have received a faulty debit or credit receipt from Burger King in the last two years.

This Burger King Credit Card Receipt Lawsuit is Gesten v. Burger King Corp., Case No. 1:17-cv-22541, 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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