Miami-Dade Wants Out of FACTA Class Action Lawsuit

Miami-Dade County has asked to be dismissed as a named defendant in a proposed FACTA class action lawsuit over allegations that a parking ticket receipt displayed ten digits of a credit card number.

Plaintiff Nataly Lopez filed the Fair and Accurate Credit Transaction Act class action lawsuit just days after allegedly receiving a computer-generated receipt from the Clerk of Court that showed too much of her credit card number.

Lopez named Miami-Dade County as a liable defendant claiming that the Clerk of Court acted as its agent in collecting parking fines.

The Florida county states that the plaintiff was informed that it was the Clerk of Court and not Miami-Dade County who issued the receipt as clearly indicated on the face of the receipt which bears the Clerk of Court logo.

They contend that the payment was received and processed through the Clerk of Court and therefore its the city of Miami and not Miami-Dade County that belongs in the FACTA class action lawsuit.

The FACTA lawsuit alleges that the defendants, which also includes online-cashiering system provider N. Harris Computer Corp., willfully failed to redact the first six digits of her credit card number.

However, in the dismissal motion Miami-Dade County claims that nowhere does plaintiff Lopez explain how it is that the county actually engaged in the alleged “willful conduct” that would violate FACTA.

The plaintiff claims that by displaying the first six and the last four digits of her credit card number, the county and its software provider violated the Fair and Accurate Credit Transaction Act which limits the printing of more than the last five digits of a card.

FACTA Violations Explained

Congress enacted FACTA in 2003 as a way to help credit and debit card consumers to avoid the risk of identity theft. Under FACTA, all merchants must shorten the credit card number shown on a receipt to the last five digits or less.

The law also states that the expiration date must be completely omitted from receipts. FACTA laws apply to all businesses that print receipts including self-service kiosks.

An example of a FACTA violation that shows a credit card expiration date would include any of the following:

EXP: 03/18

EXP: 03/2018

EXP: 0318

EXP: 032018

In addition, FACTA violations that show too many digits of credit or debit card numbers may include showing the following on a receipt:

Example 1: 66** **** **** 5555

Example 2: **** **22 **** 4444

Example 3: **** **** **99 ****

Even if fewer than five digits are printed, a FACTA violation may occur if the computer generated receipt shows that they are not the last five digits of a card.

If you notice a retail, kiosk or restaurant receipt shows either the expiration date or more than the last five digits of a credit card number, you may have legal claim.

The FACTA Class Action Lawsuit is Nataly C.L. v. Miami-Dade County et al., Case No. 1:15-cv-22943, 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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