The Fair and Accurate Credit Transactions Act (FACTA) is a law aimed at protecting consumers who use credit cards to make purchases. One of its key provisions is the truncation of credit card digits on electronically printed receipts. This safeguards sensitive credit card information by preventing merchants from printing too much information on paper receipts. Things like your full credit card number or the expiration date of your credit card cannot be displayed; only the last 5 digits of the credit card number may be printed. This provision discourages instances of identity theft, which costs Americans nearly $25 billion a year.
Although there are a multitude of safety measures nowadays to protect credit and debit card information at the point of sale, the following well-known fashion brands have faced big class-action lawsuits for violating FACTA:
The Body Shop
In November of 2016, at least two lawsuits alleging FACTA violations were filed against UK-based beauty brand The Body Shop. The retailer was accused of printing point-of-sale receipts that exposed too many credit card digits. In response to these lawsuits, The Body Shop filed a third-party complaint against Verifone, Inc., the company that issued their payment processors for debit and credit sales. They claimed the FACTA violations were due to the failure of Verifone’s software to conceal sensitive data on receipts, which subjected The Body Shop to liability and costly litigation. These suits are still in progress.
In November of 2015, luxury retailer Jimmy Choo, known for its high-end designer footwear, was subjected to a class action lawsuit due to allegations that the company violated FACTA. The lawsuit was filed in Florida, and alleges that they violated the truncation provision of FACTA, which states that no business may print more than the last 5 digits of a credit or debit card, and cannot print any digits of an expiration date. Lead plaintiff Kerri Wood claims that she purchased items in Palm Beach Gardens with a MasterCard credit card and received a receipt that displayed the expiration date, her home address, telephone number, and the name of the associate who processed her transaction.
Jimmy Choo may face statutory damages of $100 to up to $1000 per FACTA violation in addition to attorney’s fees and court costs.
Spain-based fashion brand Zara is a popular clothing brand that is also in hot water for FACTA violations. They are facing a class action lawsuit for allegedly printing more than the last 5 digits of consumers’ credit cards. Plaintiff Erjona Vasquez first filed the class action suit in April 2015 after the first six digits of her credit and debit accounts were printed, as well as the last four digits, on receipts she received at checkout. By law, she and other Zara customers who received erroneous receipts are entitled to statutory damages of $100-$1000 per violation.
If you have had sensitive credit or debit card information revealed by a retailer, you could be entitled to a significant reward under FACTA. Contact an experienced Fort Lauderdale FACTA attorney to discuss your case. Jibrael S. Hindi and his team fight for consumer rights throughout the state of Florida. You do not pay a dime until Jibrael wins! Call 1-844-JIBRAEL to get started with a complimentary consultation.