PC Richard Reciepts Violate Privacy Laws, Says Plaintiff

The plaintiff in a new consumer privacy class action lawsuit says her PC Richard receipts violate federal and state privacy law.

Plaintiff Mary Lisa Rapa says that in June 2016 she made a purchase at a PC Richard & Son store in Hanover, N.J., using a credit card.

The receipt she got for that purchase reportedly showed the expiration date of her credit card, she says.

She believes many other store customers have received electronically-printed PC Richard receipts that display card information forbidden by federal and state privacy laws.

All customers who received such receipts have been exposed to a greater risk of identity theft, she alleges.

Plaintiff Says PC Richard Receipts Showed Too Much Info

Rapa’s PC Richard lawsuit falls under the federal Fair and Accurate Credit Transactions Act, or FACTA. FACTA forbids merchants who use electronic receipt-printing equipment from printing receipts that display any more than the last five digits of a credit card number or the card’s expiration date.

Rapa is also bringing a claim under a provision of the New Jersey Fair Credit Reporting Act that is very similar to FACTA.

An amendment to the NJFCRA from 2004 adds a provision that, like FACTA, prohibits electronically-printed receipts from showing more than the last five digits of a credit card number or the card’s expiration date.

Like FACTA, the NJFCRA also provides for statutory damages. Willful violations can generate damage awards of between $100 and $1,000 per violation.

She further alleges that PC Richard is aware of these laws and that despite that awareness, the retailer “knowingly, intentionally and willfully” used non-FACTA compliant receipt-printing equipment to produce PC Richard receipts.

Rapa cites a 2011 set of guidelines for Visa merchants that advises merchants to suppress expiration dates and all but the last four digits of the card number from electronically-printed credit card receipts.

As a business that accepts Visa cards, Rapa says, PC Richard was required to comply with this requirement and was therefore on notice about the applicable laws.

Perhaps more significantly, Rapa points out that PC Richard was sued for FACTA violations back in 2015. Therefore, she argues, the company is definitely aware of FACTA and its requirements.

By violating both FACTA and the NJFCTA, Rapa claims, PC Richard has also committed a violation of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.

“The TCCWNA prohibits the inclusion of any provision in a consumer contract, warranty, notice or sign that violates any other law,” Rapa says. “Defendant’s electronic printing of Plaintiff’s expiration date on a sales receipt in violation of FACTA and the NJFCRA is also a violation of TCCWNA.”

Rapa seeks to represent a plaintiff Class consisting of all New Jersey residents who, between August 24, 2012 and August 24, 2016, received electronically printed PC Richard receipts on which their credit or debit card expiration date was printed.

The PC Richard Receipts FACTA Lawsuit is Mary Lisa Rapa v. P.C. Richard & Son LLC, Case No. MRS-L-1891-16, in the Superior Court of New Jersey for Morris County.

Free P.C. Richard & Son FACTA Class Action Lawsuit Investigation

If you have received a paper customer receipt from any P.C. Richard & Son store with your personal credit card or debit card expiration date printed on the receipt, you may be eligible to join a free FACTA debit/credit card receipt class action lawsuit investigation.

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