USC Files Motion to Dismiss Credit Card Receipt Lawsuit

The University of Southern California has recently filed a motion to dismiss a credit card receipt lawsuit which accused the university of violating FACTA, also known as the Fair and Accurate Credit Transactions Act.

The Fair and Accurate Credit Transactions Act, an amendment to the Fair Credit Reporting Act, ensures and offers consumer protection covering their credit card and bank card information.

According to the FACTA, “no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.”

On receipts which follow FACTA regulations, wildcard characters appear and should cover up a consumer’s credit card and debit card numbers except for the last five. Additionally, no part of a consumer’s expiration date is allowed to appear on a printed receipts, and doing so is a violation of FACTA.

The report mentions a memorandum that was filed by plaintiff Elizabeth A. and Jose R. within the credit card receipt lawsuit in June 22 in the U.S. District Court for the Central District of California. According to the report and memorandum, however, the plaintiffs allegedly failed to provide supporting evidence for their claim.

The University of California maintained of that filing and credit card receipt lawsuit that the plaintiffs hadn’t actually showed any “actual harm” that was done and that USC actually violated FACTA willfully.

The plaintiffs filed these allegation on April 18, 2017 against the university. The filing also included 10 other unidentified defendants and alleges that they had purportedly printed receipts which included more than their last five digits of their credit card numbers.

According to the report, the plaintiffs allege from the credit card receipt lawsuit that they suffered damages including the potential of having their credit card information compromised.

The filing includes the intention of seeking an injunction against USC and for the prevention of future incidences, “statutory damages, punitive damages, court costs, and any other relief the court decides to grant.”

USC’s attorneys, however, contend that the plaintiffs are not alleging that they are victims of violations of FACTA in that they suffered from identity theft or in that their credit card information was compromised in any way. The plaintiffs are also not alleging that the university showed knowing and reckless behavior for their alleged credit information that was made public.

The attorneys of USC claim that through the interpretation of FACTA, harm to the plaintiffs must be proven to show intent to cause harm and under these facts can a party sue under federal law.

The plaintiffs demand a trial by jury.

The Credit Card Receipt Lawsuit is Case No. 2:17-cv-03671-GW-AJW, in the U.S. District Court for the Central District of California, Western Division.

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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