A plaintiff is seeking others who feel their identity has been compromised by the actions of the parent company of several well-known restaurants.
Plaintiff Rosie R. has filed a proposed expiration date class action lawsuit designed to attract other patrons of defendanat Darden Restaurants Inc. Rosie believes the company has failed to follow the requirements of the Fair and Accurate Credit Transactions Act (FACTA).
Darden Restaurants Inc. is the parent company to Olive Garden, Longhorn Steakhouse, Cheddar’s Scratch Kitchen, Yard House, The Capital Grille, Seasons 52 Fresh Grill, Bahama Breeze Island Grille, and Eddie V.’s Prime Seafood.
What is FACTA and What are Its Requirements?
FACTA was created in 2003 as an amendment to the Fair Credit Reporting Act (FCRA). FACTA has numerous components as follows:
- Entitles consumers to obtain a cost-free copy of their personal credit report from one of three credit reporting agencies annually. These agencies are: Equifax, Experian, Trans Union.
- Entitles identity theft victims or those that have had private data compromised to put alerts on their private information in case applications for credit are received. A contact number is provided by the consumer to call in this event. This alert can last from 90 days to seven years if extended.
- Requires merchants to eliminate all printing of credit card numbers on a printed receipt, save the last five consecutive digits.
- Requires merchants to eliminate all printing of credit card expiration dates on a printed receipt.
The plaintiff in this proposed expiration date class action lawsuit alleges that Darden Restaurants Inc. willfully and knowingly disregarded the no expiration date requirement of FACTA by routinely allowing credit card expiration dates to be printed or written on restaurant receipts.
Counsel for the plaintiff lists an Illinois-based lawsuit for the exact same infraction of FACTA requirements against Darden Restaurants Inc. in 2007 as evidence that the company is aware of the law.
The Plaintiff’s Story in This Expiration Date Class Action Lawsuit
The plaintiff is bringing this expiration date class action lawsuit against Darden Restaurants Inc. because of an incident that allegedly occurred in March 2017 in Pembroke Pines Fla.
Rosie says she patronized a Bahama Breeze restaurant there and was handed a receipt for her meal in which her credit card expiration date was clearly printed. Rosie, plaintiff and patron, believes that this neglect on the part of Darden Restaurants sets consumers up for identify theft.
It allows would-be thieves to hone in on current credit card numbers by a process of elimination using expiration date and last five digits that can be printed on a receipt. This, she believes, increases the risk of identity theft.
If you have a receipt from any business in which your credit card expiration date is clearly printed, consider consulting a FACTA lawyer today and joining this proposed expiration date class action lawsuit.
The Expiration Date Class Action Lawsuit is Case No. 0:17-cv-61098, 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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