Kirkland’s Inc. was hit with a class action lawsuit last April over alleged FACTA violations.
According to the lawsuit, Kirkland’s credit card receipts may display too many digits of a debit or credit card, which can place consumers at risk.
According to the lawsuit, Kirkland’s credit card receipts displayed far more than the five digits of a credit card number allowed by FACTA, showing both the first six and last four digits.
Displaying this many digits of a card number (10 out of 16 total, considerably more than half) could place consumers at serious risk of suffering fraud.
The company is now asking that the judge pause the class action lawsuit until an issue is settled with a similar lawsuit in the Third Circuit. The issues in this similar FACTA case would have implications for the current case over Kirkland’s credit card receipts, the company argued. “The Kamal case is a virtually identical FACTA case,” the company said in a statement. “The Third Circuit’s decision in Kamal will likely be dispositive on both issues in the present case.”
Background of FACTA
The Fair and Accurate Credit Transactions Act, or FACTA, was enacted to protect consumers’ private credit card information on printed receipts. Though these laws were first passed back in 2003, they went into full force in 2006.
The delay was meant to allow businesses a grace period, or time to acquire or update machines to comply with these new rules. Being able to recognize FACTA violations can help to prevent your private information from falling into the wrong hands.
When a business violates FACTA rules, it can affect more than just your own information. FACTA violations on one receipt may indicate that hundreds or even thousands of other customers have been affected by the same violations.
FACTA Rules
Under FACTA, businesses are required to follow specific requirements to properly truncate (shorten) the card information that is printed on customers’ receipts, censoring it and protecting it from potential fraud or identity theft.
Under FACTA, no more than the last five digits of a card number can be displayed. Digits cannot be shown from elsewhere in the number, even if five or fewer are included.
FACTA-compliant receipts generally display card numbers like this:
**** **** ***5 4321
The other thing to look for is a card’s expiration date. Under FACTA, no portion of a card’s expiration date can be included on a receipt.
The expiration date usually appears like this:
**/**
or
**/****
Filing FACTA Credit Card Receipts Lawsuits
A growing number of consumers are filing class action lawsuits over FACTA credit card receipt violations.
Proving that a business violated FACTA is simple and quick. Each time you get a printed receipt, just check whether or not it follows the rules for both card numbers and expiration dates. If it doesn’t, then you may be able to join the growing number of FACTA credit card receipts lawsuits.
The Kirkland’s Credit Card Receipts Lawsuit is Case No. 2:17-cv-00454, in the U.S. District Court for the Western District of Pennsylvania.
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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