Sarah Markley  |  February 3, 2022

Category: Consumer News

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Cheesecake factory facta class action lawsuit
(Photo Credit: Chang-yong Kim/Shutterstock)

 

Update:

  • A class action settlement was recently reached with The Cheesecake Factor to resolve this matter.
  • The Cheesecake Factory customers who dined at or purchased food from the restaurant from November 10, 2016 to February 4, 2017, and used a credit card or debit card should qualify to file a claim.
  • The deadline to file a claim is March 31, 2022.
  • Go here to learn more about how to file a claim!

A Cheesecake Factory customer filed a class action lawsuit against the popular restaurant alleging that it illegally included too much of his credit card information on receipts in violation of federal law.

Plaintiff David Muransky filed The Cheesecake Factory class action lawsuit after dining at one of the company’s Florida restaurants and he received a receipt that included his sensitive personal credit card information.

Muransky alleges that when The Cheesecake Factory installed dozens to hundreds of new point-of-sale systems in their nationwide restaurants in 2016, they failed to ensure that the receipts that were printed fell under FACTA compliance.

Muransky claims he dined at a Florida Cheesecake Factory restaurant using his American Express credit card. His receipt, according to this FACTA compliance lawsuit, contained the first six digits along with the last four digits of his American Express number.

FACTA, or the Fair and Accurate Credit Transactions Act, obligates merchants to follow specific rules when printing receipts for customers. Because of the rise of identity theft and because of the sensitive nature of credit card numbers, FACTA was enacted to protect consumers.

FACTA was put into place over a decade ago and gave merchants three years to come under FACTA compliance.

Merchants may violate FACTA if they:

  • Include any portion of the expiration date on the customer receipt.
  • Include any numbers other than the last 5 digits of your credit card or debit card number on the customer receipt.

The plaintiff alleges that The Cheesecake Factory previously had a policy in place for FACTA compliance before the new point-of-sale systems were installed.

Because of this, allegedly, The Cheesecake Factory acted in “willful, knowing, or reckless disregard for federal law and the rights of the plaintiff and other members of the class.”

Muransky believes that the restaurant chain has “extensive knowledge of the requirements of FACTA and the dangers imposed upon consumers through its failure to comply.” He complains that the restaurant “continues to issue point of sale receipts which contain the first six digits and the last four digits of credit and debit card account numbers.”

According to this FACTA compliance class action lawsuit, the restaurant chain violated the privacy of the class members by disclosing their private information to the restaurant employees who handled the illegally printed receipts and other people who would be able to find the receipts in the trash.

This The Cheesecake Factory FACTA Compliance Class Action Lawsuit is Dr. David S. Muransky v. The Cheesecake Factory, Case No. 0:17-cv-60229-JEM, 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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239 thoughts onThe Cheesecake Factory Class Action Lawsuit Says Receipts Contain Too Many Credit Card, Debit Card Numbers

  1. Pamela Doyle says:

    My friend took me to the cheesecake factory in Winter Park for my birthday on June 12th. She paid for the dinner and I paid for lemonade.
    1. June 15, 2023 Statement Description: DEEPDEDI,CATE 844659955 CA 6-14-23 for $74.12 (same as the total dinner paid by my friend).
    2. June 12, 2023 Statement Description: DEEPDEDI,CATE 844659955 CAUSA for $7.97 (lemonade)

    On my bank statement, I found both my friend and I paid full price for everything. My bank investigated and refunded me when we found out the fraudsters were from a bicycle store. Wondering if the restaurant is back to the California scheme.

  2. Willie Stokes says:

    Please add me

  3. Angela Jones says:

    Add me

  4. Richard hertz says:

    I hope the “add me” fairy is working Tonite. I can’t possibly remember both my address and phone #. My phone # is on my food stamp card. My address is the Indian casino.

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