Retailer Pushes Back Against P.C. Richard & Son Lawsuit

Lawyers asked a New Jersey federal court to dismiss a proposed class action P.C. Richard & Son lawsuit in court in early December.

The electronics retailer is accused of violating the Fair and Accurate Credit Transaction Act by including the expiration date of shoppers’ credit cards on store receipts.

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

Company Fighting P.C. Richard & Son Lawsuit

In response to the P.C. Richard & Son lawsuit, the retailer insists that they did not violate FACTA laws and that the lawsuit cannot show that the retailer violated the federal law at will.

P.C. Richard said in a statement released on Monday, Dec. 6, “Straining to establish that FACTA does not preempt the NJ truncation law because the requirements of both statutes are consistent, Rapa runs roughshod over FACTA’s plain and unambiguous language.”

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, but the retailer argues that it was only following American Express merchant guidelines.

P.C. Richard claims Rapa referred to American Express guidelines in her P.C. Richard & Son lawsuit, but called it “hearsay” when the company tried to use the guidelines to get the case dismissed.

“Once again, Rapa wants to have it both ways,” the retailer said Monday. “Rapa cannot on one hand dismiss P.C Richard’s American Express merchant bank guidelines – guidelines which required P.C. Richard to include the American Express credit card’s expiration date on its sales receipt – while on the other hand rely on Visa and MasterCard guidelines to allege willful violation of FACTA.”

The P.C. Richard & Son lawsuit accuses the company of violating not only FACTA, but also New Jersey’s Fair Credit Reporting Act. Both laws prohibit electronically printed receipts from showing a card’s expiration date and no more than the last five digits of the credit card number.

In addition, P.C. Richard & Son is accused of violating the state’s Truth-In-Consumer Contract and the Warranty and Notice Act.

FACTA was instituted, in part, to increase consumer protection against identity theft, a crime that can negatively affect a consumer’s financial situation for years.

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.

The P.C. Richard & Son Lawsuit is Rapa v. P.C. Richard & Son LLC, 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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