Jimmy Choo FACTA Expiration Date Class Action Lawsuit To Proceed

As soon as J Choo USA Inc (Jimmy Choo), the upscale 21st Century luxury accessories brand, printed a receipt without truncating credit card data it sufficiently damaged the customer to allow a federal statutory claim to proceed, according to a recent federal court ruling.

Plaintiff Kerri Wood filed the expiration date class action lawsuit in Oct. 2015, after she purchased a pair of sunglasses at a Jimmy Choo store and was presented with a printed receipt displaying certain credit card information.

Wood alleges that the receipt displayed her credit card’s expiration date, in violation of Fair and Accurate Credit Transactions Act (FACTA), which requires truncation of the credit card number and the expiration date.

More specifically, according to the FACTA expiration date class action lawsuit, Jimmy Choo willfully or knowingly exposed the luxury shoe designer’s customers to an increased risk of identity theft by printing credit card and other sensitive data on its receipts.

In 2003, Congress passed, and President Bush signed the Fair and Accurate Credit Transactions Act, or FACTA, requiring all merchants who electronically print transaction receipts to truncate credit card information.

FACTA states that “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.”

The effective date for FACTA compliance for all credit card machines was Dec. 4, 2006. Businesses that fail to comply with FACTA can be held liable for damages for violating the statute, provided that the FACTA violation was “willful” or “negligent.”

Jimmy Choo Tries to Get FACTA Expiration Date Class Action Lawsuit Tossed

Earlier this year, Jimmy Choo moved to dismiss the FACTA expiration date class action lawsuit, arguing that the plaintiff’s claims lacked standing.

The luxury shoe retailer alleged that FACTA doesn’t confer a substantive right for consumers to receive receipts that truncate the expiration date on their credit cards.

Recently, the U.S. Supreme Court adopted the standard that a plaintiff must be able to demonstrate a particularized and concrete injury to have standing to proceed with a lawsuit in its Spokeo decision. Statutory damages – that is a recovery provided solely by virtue of a statutory decree – may not be sufficient.

Here, Jimmy Choo argued that Wood could not satisfy the particularized and concrete standard. Under the statute, where the retailer negligently fails to truncate the information, the consumer needs to demonstrate an actual injury to establish any claim for damages.

Jimmy Choo argued Wood suffered no damages and therefore had no standing to bring a FACTA expiration date class action lawsuit.

Woods countered Jimmy Choo’s motion to dismiss, arguing that failure to comply with FACTA constitutes sufficient injury, also referencing the recent Supreme Court ruling in Spokeo.

And the court agreed with Wood and declined to dismiss the FACTA expiration date class action lawsuit.

U.S. District Court Judge Beth Bloom said in her Aug. 11 ruling that in certain circumstances—such as in this FACTA expiration date class action lawsuit involving Jimmy Choo “the violation of a procedural right granted by statute” is sufficient to constitute injury for purposes of standing.

In its recent Spokeo ruling, the Supreme Court recognized that Congress may elevate certain previously inadequate injuries to the status of legally cognizable injuries,” Judge Bloom said.

“Through FACTA, Congress created a substantive legal right for Wood and other card-holding consumers similarly situated to receive receipts truncating their personal credit card numbers and expiration dates and, thus, protecting their personal financial information,” the court held.

Allegations that Jimmy Choo printed receipts containing the credit card’s expiration date despite knowing FACTA’s truncation requirements, “by themselves demonstrate an injury in fact,” Judge Bloom concluded.

The Jimmy Choo FACTA Expiration Date Class Action Lawsuit is Kerri C. Wood v. J Choo USA, INC. d/b/a “Jimmy Choo”, Case No. 9:15-cv-81487, in the U.S. District Court for the Southern District of Florida.

UPDATE: The Jimmy Choo FACTA class action settlement is now open! Click here to file a claim. 

UPDATE 2: On Nov. 30, 2017, Top Class Actions viewers who filed a valid claim for the Jimmy Choo credit card receipt class action settlement started receiving checks in the mail worth as much as $155.67. Congratulations to everyone who filed a claim and got PAID!

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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