Calif. Driver Sues Toll Companies for Major FACTA Violations

A proposed FACTA class action lawsuit claims that a major California toll operator placed thousands of drivers at risk of identity theft by exposing too much of their credit card information on printed receipts.

Lead plaintiff Robert C., alleges that his Visa card receipt from a $1.94 toll on Aug. 11, 2015 listed the first and last five digits of his debit card. Even through the FCRA, Robert’s lawyers found that the last five digits were exposed on the debit card receipts, which still violates FACTA.

According to the FACTA class action lawsuit, the toll companies had knowingly and recklessly put their drivers at risk for identity theft. Under FACTA, debit card receipts are not supposed to expose any more than the last five digits of their credit cards, and must also omit the card’s expiration date.

By failing to do this the Toll Roads operators, Foothill/Eastern Transportation Corridor Agency and San Joaquin Hills Transportation Corridor Agency (TCA), and other corresponding contractors that handle Toll Roads’ administrative duties have allegedly violated the terms of FACTA.

3M Co. had been previously contracted with the defendants, but the companies still continued use 3M’s software to process tolls. While 3M has also been named as a defendant in the FACTA lawsuit, it has yet to comment about it.

FACTA Overview

Toll Roads and the other companies, state that the financial safety and identity protection of their consumers are taken very seriously. Furthermore, the defendants insisted that there are strict requirements, practices, and security measures in place to protect their customers. Robert alleges otherwise, claiming that the defendants acted recklessly with his debit card information.

While the FACTA policy has been in effect since December 2006, California enacted exposure limits on debit or credit card numbers dating back to 2001.

FACTA policy applies to all electronically receipts printed from cash registers, self-service kiosks, and restaurants. Reasonably, toll receipts are included in this, as a number of drivers use either debit or credit cards to pay the fee.

According to Robert, approximately 250,000 drivers are estimated to use the 51 miles of Tolls Roads highway on a daily basis; this is California’s largest toll roads network.

The proposed FACTA class action lawsuit would be open to all Toll Roads drivers from Oct. 21, 2010 to the present day, who received an electronically printed receipt showing more than the last five digits of their credit or debit cards.

Under FACTA, violations can range between $100 to $1,000 per incident, plus any additional punitive damages, and attorneys fees. Robert also wants the defendants to adhere to FACTA policy, by limiting the credit and debit card number limitations.

The FACTA Class Action Lawsuit is Case No. 8:15-cv-01698, in the U.S. District Court of Central California.

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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