Miami Consumer Protection

The Fair and Accurate Credit Transactions Act (FACTA) enforces a "truncation" requirement on all companies, large and small, who issue electronic credit or debit card receipts to consumers at the time of transaction. The law's overall objective is to guarantee that credit information and records for consumers are more accurate. FACTA includes specific restrictions aimed at preventing unauthorized use of a consumer's credit lines and reducing identity theft, both of which are becoming increasingly common.

The Act establishes statutory damages for vendors that print too much information on their receipts from $100 to $1000 for each willful violation. In addition, if a FACTA class action case ends in a settlement, those who appear as lead plaintiffs may be eligible for an additional reward. The definition of "willful," which is not specified in the Act, was an initial point of contention in FACTA litigation. However, in Safeco Insurance Company of America v. Burr, 551 U.S. 47 (2007), the United States Supreme Court viewed the willfulness requirement for statutory damages under FCRA as involving not just a knowing violation, but also "reckless disregard" of the law's provisions.

The statute of limitations for bringing a lawsuit to correct an alleged FACTA failure is two years from the discovery of the violation, but no later than five years after the infraction. The truncation clause, which had a planned effective date based on when the registers were built, went into full force in December of 2006 and was confronted with an almost instant barrage of class action lawsuits.

The truncation procedure is necessary to secure the consumer's credit or debit card information by truncating or substituting the number with symbols. According to the Fair and Accurate Credit Transactions Act guidelines, only the last five digits (at the very most) of a credit or debit card number can be printed on a receipt, however, a corporation can opt to truncate the number even more. In addition to the credit card number truncation requirement, FACTA dictates that no portion of a card's expiration date be shown on a receipt.

In addition to credit card truncation, FACTA has a variety of other rules that might help customers protect themselves against fraud and identity theft. FACTA compels credit-reporting firms to place fraud and active-duty notices on clients’ accounts.

Identity theft is a major and rising global issue. FACTA lawsuit is showing no signs of disappearing in these situations. If you or someone you know consider your receipt contains a FACTA violation, you may be eligible to file a FACTA lawsuit and seek compensation. Filing a lawsuit may be a scary thought. Consulting an attorney can assist you in determining if you have a claim, navigating the complexity of litigation, and maximizing your possible reward. Please contact the Law Office of Ruth E. Johnson to determine your legal rights and options. Call us today to schedule your free consultation and respond to any queries about the application or compliance with FACTA.