Country Fair Class Action: Convenience Store Receipts Violate FACTA

Customers say that the Country Fair convenience store chain violates federal law by printing more than the last five digits of a credit card number on customers’ receipts.

Plaintiffs Jordan Budai and Ashley Gennock, who are residents of Pennsylvania, and Ohio resident Andrea Sciola claim that Country Fair convenience stores make a widespread practice of printing eight digits of a person’s credit card number, as opposed to the five digits allowed by the Fair and Accurate Credit Transactions Act.

The plaintiffs say they purchased items at Country Fair convenience stores in their respective states in July of this year, and were given receipts that listed the first four and the last four digits of their credit card numbers. According to the customers, this action was in violation of the FACTA.

Budai and others argue that the company knew or should have known about the FACTA regulations, as the law was enacted in 2003. They say that congress enacted the law in 2003, but gave businesses until 2006 to comply with all of the new regulations.

According to the Country Fair class action lawsuit, “although [Country Fair] had up to three years to comply, it has willfully violated this law and failed to protect plaintiffs and others similarly situated against identity theft and credit card and debit card fraud.”

The Country Fair receipt class action lawsuit did note that there was another law enacted in 2008, the Credit and Debit Card Receipt Clarification Act, that provided amnesty to businesses sued before 2008 over printing credit card expiration dates. However, Budai and others note that even that law does not protect businesses who violated the FACTA and printed credit card expiration dates after 2008.

Budai, Gennock, and Sciola argue that thousands of people have had similar experiences at Country Fair over the last two years, and they aim to represent customers around the nation who have had more than the last five digits of their credit cards, or the expiration date of their credit card exposed by Country Fair.

The Country Fair FACTA compliance class action lawsuit alleges that consumers like Budai, Gennock, and Sciola were injured by Country Fair’s practice because they were put at risk for identity theft and credit card fraud.

The Country Fair convenience store class action lawsuit notes that identity theft is becoming easier with the increased use of debit and credit cards, so Country Fair’s practice of exposing their customers’ information did indeed put them at risk for identity theft.

Budai and others say that having one’s identity stolen can injure a victim in multiple ways – a victim can lose money in the theft itself, and can be impacted financially for many years to come.

The Country Fair customers are represented by Gary F. Lynch, R. Bruce Carlson, and Kelly K. Iverson of Carlson Lynch Sweet Kilpela & Carpenter LLP.

The Country Fair Customer Receipt Class Action Lawsuit is Jordan Budai, et al. v. Country Fair Inc., Case No. 2:18-cv-01120, in the U.S. District Court for the Western District of Pennsylvania.