A Florida-based pet supply chain, Pet Supermarket, is under fire regarding accusations that it violated federal privacy law by printing too many digits of its customers’ credit cards on receipts.
A FACTA privacy class action lawsuit, brought by plaintiff Eric Kirchein, accuses Pet Supermarket of violating the Fair and Accurate Credit Transactions Act.
He claims they printed more than five digits of credit card numbers on receipts which clearly violates FACTA despite the clear language contained in FACTA documentation.
Kirchein brought the FACTA privacy class action lawsuit based on an experience he had at a Sunrise, Florida, Pet Supermarket. He spent $13 and was handed a receipt that showed 10 digits of his Visa number.
Pet Supermarket is owned by Atlanta-based private equity firm, Roark Capital Group.
According to a settlement deal approved Tuesday in federal court, Pet Supermarket must pay $580,000 to end the proposed class action accusations of FACTA violation.
FACTA Privacy Class Action Lawsuit Settlement Negotiations
The FACTA privacy class action lawsuit settlement negotiations took several weeks and even included a motion to dismiss the proposed class action.
After all of that, Pet Supermarket opted to establish a $580,000 settlement fund that will be divided proportionately among class members.
Attorney’s fees and administrative costs will be taken out first, however.
If and when the FACTA privacy class action lawsuit settlement is approved, each class member will be awarded $150 to $200 if they submit a timely claim. Statutory penalties for violating FACTA range from $100 to $1,000.
Kirchein wrote, “Given the hurdles facing the class in this litigation and the difficulty of proving willfulness, the results achieved are outstanding. Indeed, counsel believes this is one of the largest per-claimant settlements in a FACTA case.”
Not only does Pet Supermarket have to pay $580,000, but they have also changed the way they print receipts. They have brought their receipt printing practices into compliance with FACTA by reworking its point of sale system to print no more than the last five digits of account numbers.
Pet Supermarket had several years to become compliant with FACTA, as other major retailers have done so. Kirchein claims that Pet Supermarket “could have readily done the same.”
According to the FACTA privacy class action lawsuit preliminary approval motion, the class can include nearly 30,000 customers who used their credit or debit card at a Pet Supermarket since January 2014, and were handed receipts with more than five digits of their account numbers printed on them.
Kirchein also wrote, “In the end, when the strengths of the case are weighed against the legal and factual obstacles present, and the complexity of class action practice, there should be no doubt that the proposed settlement is in the best interest of class members.”
He also asked to be the representative for the class in this FACTA privacy class action lawsuit. This would give him a $5,000 incentive award.
The Pet Supermarket FACTA Privacy Class Action Lawsuit is Kirchein v. Pet Supermarket, Inc., Case No. 0:16-cv-60090, 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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