Hyatt Corp. Tells Judge It Does Not Belong in Hyatt FACTA Lawsuit

In Florida federal court, Hyatt Corp. told the presiding judge that it should not be named in the Hyatt FACTA lawsuit that claims the company illegally printed too  much information on credit card receipts given to hotel customers.

Allegations in the Hyatt FACTA Lawsuit

Plaintiff Carlos Guarisma brought this Hyatt FACTA lawsuit as a proposed class action suit against Hyatt Regency Miami, stating that Hyatt’s credit card receipt practices placed him in danger of being a victim of identity theft. He stated that the hotel company willfully and knowingly disregarded FACTA.

Guarisma’s proposed class action lawsuit was filed in March of this year, stating that when he stayed at Hyatt Regency Miami in August 2016, he paid for his room using his personal visa credit card. He states that the hotel issued him a receipt that was electronically printed that listed the first six digits of his credit card number along with the last four digits of his credit card number, and that it also contained the card’s expiration date.

Hyatt FACTA Lawsuit Invokes Federal Identity Protectionss

FACTA refers to the Fair and Accurate Credit Transactions Act, federal legislation that is aimed at reducing identity theft by protecting consumer information. Based on this legislation, companies who issue digitally printed credit card or debit card receipts to consumers must truncate, or shortened, the amount of information that appears on an electronic receipt.

FACTA requires companies to print no more than the last five digits of the consumer’s credit card or debit card number on the receipt. It also requires that merchants refrain from printing any portion of the credit card or debit card’s expiration date. By lessening the amount of information on the consumer’s receipt, that information is less likely to end up in the hands of identity thieves.

Guarisma alleged that Hyatt knowingly and willfully disregarded the provisions of FACTA.

In response to the FACTA lawsuit, Hyatt Corp. moved to dismiss Guarisma’s claims with prejudice. Hyatt Corp. stated that the reasoning was that Hyatt Equities LLC owns and controls Hyatt Regency Miami, and that Hyatt Corp. is not the responsible party.

“Armed primarily with allegations that he asserts ‘upon information and belief,’ Guarisma seeks to hold Hyatt Corp. responsible for a purported violation of FACTA based upon unfounded and inaccurate allegations that Hyatt Corp. owns the hotel that does business as Hyatt Regency Miami,” Hyatt Corp. stated.

“Guarisma is mistaken. Hyatt Corp. does not own or control the Hyatt Regency Miami or any other Hyatt-brand hotel in the United States.”

Hyatt also argued that the plaintiff failed to allege that he was the victim of identity theft and also failed to allege any concrete injury. The hotel giant cited the May 2016 Spokeo decision by the U.S. Supreme Court, where the justices ruled that plaintiffs must allege that they suffered concrete injury in order to have standing to proceed with any legal claims.

“Guarisma does not allege that a third-party gained unauthorized access to his visa card account,” Hyatt Corp. stated. “Guarisma does not contends that a third-party misappropriated his partial credit card account number and/or expiration date from the folio he purportedly received after staying at the Hyatt Regency Miami.”

Guarisma is seeking statutory and punitive damages in his Hyatt FACTA lawsuit.

The plaintiff is represented by Scott D. Owens of Scott D. Owens PA, Keith J. Keogh of Keogh Law Ltd. and Bret L. Lusskin Jr. of Bret Lusskin PA.

The Hyatt FACTA Lawsuit is Guarisma v. Hyatt Corp., Case No. 1:17-cv-20931, 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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