The End May Be Nigh For FACTA Claims

October 11, 2017

Types : Bylined Articles

Until last month, the Eleventh Circuit appeared to be the last place for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to properly truncate credit card numbers under the Fair and Accurate Credit Transactions Act (“FACTA”). Over the past year, numerous federal courts — including two Courts of Appeals — have held that plaintiffs lack standing to pursue these claims because they’ve suffered no concrete harm. Now district courts in the Eleventh Circuit may be getting on board.

Last month, Judge Robert Scola in the Southern District of Florida dismissed Gesten v. Burger King Corporation, after finding the plaintiff lacked standing to pursue his FACTA claim. In Gesten, a Burger King customer claimed his credit card receipt displayed the first six and last four digits of his credit card number, more than the last five digits that FACTA allows. Relying on Spokeo Inc. v. Robins, the court rejected plaintiff’s contention that he had standing to sue because the receipt exposed him to a heightened risk of identity theft or credit card fraud.


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