By Paul Tassin  |  June 10, 2016

Category: Consumer News

FACTA credit card receipt lawsuit

Under FACTA, electronically-printed receipts must show no more of the credit card number than the last five digits. The receipts must also not display the expiration date.

These FACTA rules apply regardless of the size of the transaction. Even a receipt for a cup of coffee must be printed according to FACTA compliance.

How FACTA Protects Your Credit Card Number

FACTA law requires businesses of all sizes that accept credit and debit cards to protect those cards’ information by truncating the credit card numbers and expiration dates on customer receipts.

What gives this “truncation requirement” its muscle are FACTA’s statutory damages provisions. Businesses whose electronic receipt-printing equipment is not within FACTA compliance risk paying statutory damages of up to $1,000 per violation.

To trigger these statutory damages provisions, a plaintiff only needs to show that the alleged FACTA violations were “willful.” They don’t need to prove any actual harm, such as identity theft or credit fraud. Just the issuance of a noncompliant receipt can create FACTA liability.

When Congress enacted these FACTA rules in 2003, they gave merchants a chance to bring their equipment into FACTA compliance over a grace period of up to three years, depending on the date their registers were manufactured.

Also, to this day, receipts that are written out by hand or created using a mechanical imprint are exempt from the truncation requirement. But as of the expiration of the grace period in December 2006, all electronically-printed receipts are expected to be FACTA-compliant.

FACTA Class Action Lawsuits

In a FACTA class action lawsuit, the effects of these statutory damages provisions can be multiplied by however many proven violations were committed against an entire class of potential plaintiffs.

The resulting damage award can make for a huge payout for the named plaintiffs and the plaintiff class, and it can leave a responsible defendant facing millions of dollars in penalties.

For example, one such now-settled FACTA class action lawsuit alleged that Spirit Airlines had printed a customer’s receipt that showed too many credit card digits. The receipt at issue showed the first seven digits and the last four digits, according to the complaint.

Plaintiff Christopher L. recognized that by showing that much of his credit card number, his receipt might have failed to comply with FACTA, the Fair and Accurate Credit Transactions Act.

By October 2015, he and his attorneys had negotiated a settlement with Spirit Airlines worth $7.5 million. That amount was to be distributed among a class containing an estimated 350,000 class members, who would receive an average payment of $265 each.

Christopher’s multi-million dollar settlement with Spirit Airlines was not his only successful FACTA settlement.

He also brought a class action lawsuit against Laboratory Corporation of America, alleging that although the company redacted some of the credit card number on its receipts, it still allowed credit card expiration dates to appear on their receipts.

That claim ended with a settlement awarding an average of $200 to each of about 665,000 class members, with Christopher himself receiving an incentive award of $10,000.

The Spirit Airlines and Lab Corp settlements are just two examples of how large a settlement under FACTA can be.

Claims against other large businesses have alleged potential damage amounts into the billions. Costco, for example, faced a claim alleging $17 billion in damages. Adidas, Federal Express, Southwest Airlines, and Avis Rent-A-Car have all faced claims under FACTA rules.

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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