PC Richard FACTA Settlement Reached over Alleged Credit Card Receipt Violations

A PC Richard FACTA settlement has been reached with a consumer who had filed a putative class action against the retail outlet.

Plaintiff MaryLisa Rapa had alleged PC Richard & Son LLC had violated the Fair and Accurate Credit Transaction Act by including the expiration date of shoppers’ credit cards on store receipts.

Rapa presented evidence in November in the form of a receipt from June 2016 that included her American Express card’s expiration date.

Attorneys for both the retailer and Rapa filed a stipulation of dismissal with prejudice on July 20, according to Law360.

William S. Gyves presented a letter to U.S. District Judge Esther Salas regarding the PC Richard FACTA settlement that said, “With the consent of plaintiff’s counsel, we write to advise the court that the parties today reached an agreement in principle to resolve this matter. As PC Richard’s motion to dismiss is pending before the court, we wanted to bring this development to Your Honor’s attention immediately.”

The stipulation was filed two days after the parties had indicated to the judge that a proposed settlement had been reached.

The settlement terms have not been made available.

PC Richard FACTA Settlement Reached

Rapa’s FACTA class action lawsuit alleged that PC Richard violated both the FACTA laws and New Jersey’s Fair Credit Reporting Act regarding the prohibition of anything more than the last five digits of the card number on an electronically generated printed receipt. FACTA also prohibits the expiration date on an electronically printed receipt.

Enacted in 2003, FACTA’s mission is to deter identity theft, a crime that can negatively affect a consumer’s financial situation for years. Businesses were given a grace period until December 2006 to become compliant, a deadline that was extended until June 2008 for some retailers.

The Federal Trade Commission sent notice of FACTA’s provisions to businesses at least three times in 2007, reminding them to abbreviate credit and debit card information on electronically printed receipts.

According to the P.C. Richard & Son lawsuit, the electronics store is accused of violating FACTA by including the expiration date of American Express cards The retailer had argued that it was only following American Express merchant guidelines.

In one brief, PC Richard said, “The fact of the matter is that PC Richard’s merchant bank’s guidelines applicable to American Express directed PC Richard to include expiration dates on American Express receipts.”

Rapa responded by saying that PC Richard “has had actual knowledge of FACTA’s requirements with respect to credit card receipts for over a decade.”

Prior to the PC Richard FACTA settlement, Rapa said PC Richard knowingly continued to violate FACTA laws even after the retailer was sued for violations in 2015.

“Despite the various forms of notice given to defendant of the truncation requirements applicable to credit/debit card receipts, defendant continued to print prohibited information on customer receipts,” Rapa’s complaint said.

The PC Richard FACTA Settlement is the result of Case No. 2:16-cv-05989 in the U.S. District Court for the District of New Jersey.

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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