Credit card receipt rule leads to class-action suits

Class Action News

[##_1L|1063089983.jpg|width="130" height="90" alt=""|_##]A law to protect against identity theft has spawned more than 300 class-action lawsuits across the country. The lawsuits claim merchants failed to remove both the expiration date and sufficient digits of the credit card number on receipts they give back to customers. Lawyers are trying to get the lawsuits certified as class actions, potentially opening restaurants and stores to thousands or even millions of dollars in liability.

The claims are filed under the Fair and Accurate Credit Transactions Act, or FACTA. Congress enacted the law in 2003 to address identity theft and credit card fraud.

Most people, if they've dealt with FACTA at all, tapped a provision that gives consumers the right to a free credit report each year.

But another section requires that businesses truncate credit card information on receipts. That's why retailers no longer print out receipts containing all 16 digits of your credit card number. They must limit the digits to five and remove the credit card expiration date.

Lawyers say thousands of retailers across the country -- many using outdated credit card processing machines -- probably are in violation.

Businesses that fail to comply with FACTA's credit card rule can be liable for statutory damages of $100 to $1,000 per consumer if the noncompliance is willful.

Since it would be very difficult to prove actual damages -- that someone had their identity stolen or was the victim of credit card fraud because of receipt errors -- the FACTA lawsuits focus on the argument that the violation was intentional.

Defense attorneys describe the lawsuits as the latest consumer class-action fad.

"We have lawsuits growing out of a situation where, as far as we know, no one's been actually injured," said Thomas Zych, a partner at a Cleveland law firm that is representing the Children's Place clothing store chain in a FACTA case.

Related listings

  • Fosamax Users Seek Class-Action Status

    Fosamax Users Seek Class-Action Status

    Class Action News 12/01/2007

    Lawyers for Fosamax users who believe their jaws were damaged by the osteoporosis drug on Friday asked a federal judge to order Merck & Co. to provide a dental monitoring program for the drug's users.The lawyers made the suggestion to U.S. Distri...

  • 75,000 Walmart Employees File Class Action

    75,000 Walmart Employees File Class Action

    Class Action News 11/30/2007

    More than 75,000 current or former Wal-Mart (NYSE:WMT) employees in the State of Washington will receive letters over the next several days notifying them that they are part of a statewide class action lawsuit against the nation’s largest private emp...

  • Ericsson LM Telephone Co. Class Action Filed

    Ericsson LM Telephone Co. Class Action Filed

    Class Action News 11/30/2007

    Goldman Scarlato & Karon, P.C., a law firm with offices in Pennsylvania and Ohio, announces that a lawsuit has been filed in the United States District Court for the Southern District of New York, on behalf of persons who purchased or otherwise a...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read