Many Americans are aware that under FACTA, or the Fair and Accurate Credit Transactions Act, that they are allowed to receive a free annual credit report each year from each of the three main credit reporting agencies.
However what many may not know is that under this same Act, credit card information on receipts must be protected to safeguard a person’s identity.
FACTA Credit Card Information Rules
FACTA was initially adopted in 2003 as an amendment to the Fair Credit Reporting Act.
Under FACTA rules, credit card information must be truncated on receipts for business to remain in FACTA compliance. The law was gradually phased in to allow business to update their receipt-printing software to align with FACTA rules.
Before FACTA was passed, it was common practice for businesses to print a consumer’s entire credit card number on the receipt, along with the expiration date.
Identity thieves at the time were savvy and found this was an easy way to make purchases in another individual’s name, or to take steps to steal their identity and have access to even more personal and financial information.
What Credit Card Information May Appear on a Receipt?
To maintain FACTA compliance, businesses must follow two rules for electronically printed receipts:
1) Businesses may not print more than the last five digits of the credit card on a customer’s receipt.
FACTA Compliant Examples:
Acct #: XXXX XXXXXX 79339
Acct #: XXXX XXXX XXXX X786
Acct #: XXXXX XXXXXX XXXXX
FACTA Noncompliant Examples:
Acct #: XXXX XX45 XXXX XX86
Acct #: 54XX XXXXXX XXXXX
Acct #: XXXX XXXX XX76 4061
2) No part of the credit card’s expiration may appear on the receipt.
FACTA Compliant Examples:
EXP: **/**
EXP: –/–
EXP XX/XX
FACTA Noncompliant Examples: EXP: 02/**
EXP: –/17
EXP 02/18
Businesses large and small must comply with FACTA rules for every electronically printed receipt given to a customer. Handwritten or imprinted receipts are not covered under FACTA, nor are business records or receipt copies a business keeps for itself.
While these rules seem pretty straightforward, even thirteen years later, some businesses are still violating FACTA rules and are in noncompliance with the law.
What if Businesses are Not in FACTA Compliance?
Businesses who are not following FACTA rules regarding credit card information may be subject to penalties. The Federal Trade Commission may take law enforcement actions and consumer lawsuits may also be field against noncompliant businesses.
A business in violation of FACTA rules is liable for any actual damages that occurred as well as attorneys’ fees.
If it is determined that a company’s FACTA violation is willful, additional statutory damages may be assessed from $100 to $1000 per violation.
Filing a FACTA Credit Card Information Lawsuit
FACTA does not require a consumer to prove they have been harmed as a result of business noncompliance with FACTA. Consumers may be compensated even if there was no actual harm that resulted from the business printing credit card information illegally on the receipt.
If you have noticed a FACTA violation on one of your receipts, you may have a legal claim. It is important to keep the receipt as evidence should you choose to file a FACTA credit card information lawsuit.
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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