Customers’ FACTA Claims Against Home Decor Store Lack ‘Sufficient Degree of Risk,’ Superior Court Rules

Types : In the News

The Pennsylvania Superior Court has ruled that a class action alleging home decor store Kirkland’s violated the federal Fair and Accurate Credit Transactions Act by displaying too much of customers’ debit and credit card numbers on receipts failed to show a sufficient risk of harm.

The Pennsylvania Superior Court has ruled that a class action alleging home decor store Kirkland’s violated the federal Fair and Accurate Credit Transactions Act by displaying too much of customers’ debit and credit card numbers on receipts failed to show a sufficient risk of harm.

In a May 16 opinion, Superior Court Judge Mary Janes Bowes, writing for a unanimous three-judge panel, reversed a Lawrence County trial judge’s order overruling Kirkland’s preliminary objections.

Kirkland’s appealed from the 2020 trial court order that determined plaintiffs Ashley Gennock and Jordan Budai, individually and on behalf of others similarly situated, had standing to assert a cause of action alleging FACTA violations. The plaintiffs alleged that Kirkland’s practice of displaying the first six and the last four digits of customers’ credit and debit cards on receipts violated FACTA and put customers at a greater risk of having their identities stolen or their card numbers misappropriated.

“We’re pleased that the Pennsylvania Superior court has clarified that the law of standing in Pennsylvania, and in particular that a plaintiff suffer an injury in fact, is consistent with the federal court’s requirement of standing,” said Kirkland’s attorney, John G. Papianou of Montgomery McCracken Walker & Rhoads in Philadelphia.