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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
Please add me!
Add me
Please ADD…Thank you
Add me
also recieved postcard, found I had to enter the exact website caps & lower case to finally get the site which requires the claim & pin recieved which opens listing my name & address…….closes with a confirmation code.
So will find out
Considering anticipated potential payout of “$56 to $28”, and how was my address AND email accumulated in order to send such notice…not worth potential scam.
Received the same postcard as everyone else above addressed to someone who does not live at my address and never have since we had my home built and have been the only owners. Fraud is real. I’ve already been a victim and extremely cautious so please research before submitting your information
Okay, I found the website to submit a claim. It is : tcf-factasettlement.com I was able to submit a claim there.
I too just got this in the mail. Looking for answers of legitimacy as well!
Hi guys .. I just received the Post card as well. Should I submit the information request via mail or online ? Please if you can advise me. Thanks.
We received a Claim Form postcard, in the mail, regarding FACTA Compliance Class Action Lawsuit is Dr. David S. Muransky v. The Cheesecake Factory Case No.19STCV43875. It provides a Claim ID and PIN, and states that the claim form must be submitted electronically or via phone or postmarked on or before March 31, 2022. But the card doesn’t list an online claim site, or an address or a telephone number to submit the requested name/address/phone/email info. The postcard return address is listed as Cheesecake FACTA Claims Administrator, PO Box 6659, Portland, OR 97228-6659. The card states that the Court authorized this notice and that it isn’t a solicitation from a lawyer. We were identified as a potential recipient of an EMV receipt with the FACTA violations. Is this postcard request for info legit? If yes, where online, may we input this info securely? Thank you for your help with this issue!
I received an email stating the same however, it provided a link to click to file the claim. I am very leery of emails with links so I did not click it. I am searching online as well to determine if this is legit. There was a telephone number in my email.
How can I receive a payment from the Settlement? To receive payment, you must complete and submit a valid Claim Form by March 31, 2022. You can obtain and submit a Claim Form online at the Settlement Website , by mail, or by telephone at 1-888-510-9743. Settlement Claim Forms submitted by mail must be sent to the Claims Administrator at the address below and must be postmarked no later than March 31, 2022.
There is this thing called Google that you can use to find the website, as well as reading the postcard…..it has the info on there
There is no info on the postcard as to the website and google seems to not have this information either.
Pull the postcard apart. It infact has a business reply postcard and also shows the claims website http://www.TCF-FACTASettlement.com.
Did you find anything out? I just got this in the mail