FACTA Ruling Appealed in Dismissed Class Action Against Oneida Tribe

A Wisconsin man who filed a FACTA class action lawsuit over allegations that the Oneida Tribe of Indians of Wisconsin printed too many credit and debit card digits on transaction receipts is appealing a judge’s ruling to dismiss the case.

Plaintiff Jeremy Meyers claims that the decision made by U.S. District Judge William C. Griesbach that Indian tribes are entitled to sovereign immunity when it comes to the Fair and Accurate Credit Transactions Act was a mistake.

According to FACTA, “no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.”

Meyers claims that according to the Fair Credit Reporting Act, a “person” is defined as “any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.”

In his FACTA class action lawsuit appeal, Meyers states that several courts including the Supreme Court, consider Indian tribes to be governments that can possess rights and powers that are exercised by governments.

Meyers further claims that “Like states, Indian Tribes do not possess ‘full attributes of sovereignty,’ as Congress has the power to limit and modify Tribal sovereignty.”

Based on these arguments, Meyers asked the Seventh Circuit Court of Appeals to reverse the district court ruling and allow the FACTA class action lawsuit to proceed against the Oneida Tribe.

FACTA Lawsuit Overview

The putative FACTA class action lawsuit was filed by Meyers last May after the plaintiff allegedly found his rights were violated on three separate occasions.

According to the FACTA lawsuit, Meyers used his credit card at different retail businesses owned by the Oneida Tribe and was given a computer-generated retail transaction receipt that included both the card’s expiration date as well as more than the last five digits of his card number.

The Oneida Tribe argued that the district court lacked jurisdiction because they are entitled to sovereign immunity from FCRA violations. The tribe also suggested that plaintiff Meyers lacked standing to bring a FACTA class action lawsuit because he did not suffer an “injury in fact.”

Judge Griesbach dismissed the FACTA class action lawsuit against the Oneida Tribe based on his ruling that the courts are restricted from challenging Indian self-government. 

What is a FACTA Violation?

Congress enacted the Fair and Accurate Credit Transaction Act (FACTA) in 2003 as a way to help credit and debit card customers avoid the risk of identity theft.

According to federal law, any business who accepts card payments must truncate the number to the last five digits of the card on a printed receipt. The law also prohibits the inclusion of the card’s expiration date any where on the receipt.

For each willful FACTA violation, plaintiffs are entitled to $100 to $1,000 in damages, in addition to possible punitive damages.

The FACTA Class Action Lawsuit is Jeremy Meyers v. Oneida Tribe of Indians of Wisconsin, Case No. 15-3127, in the U.S. Court of Appeals for the Seventh Circuit.

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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