Third Circuit Joins Majority of Circuits in Holding that Simply Receiving a Receipt that Shows Too Many Credit Card Digits Does Not Confer Article III Standing to Sue Under FACTA
On March 8, 2019, the Third Circuit became the third federal court of appeals to hold that a shopper alleging he or she received a receipt displaying too many digits of a credit card number—in violation of the Fair and Accurate Credit Transactions Act’s ban… Read More
Eleventh Circuit Finds Standing in a FACTA Case but Maintains its Decision Does Not Create a Circuit Split
On Wednesday of last week, the Eleventh Circuit did what no other post-Spokeo federal court of appeals has done. It held that a plaintiff alleging a willful violation of the Fair and Accurate Credit Transactions Act (“FACTA”) based on being given a receipt that showed… Read More
The Fight Begins Over FACTA Standing in State Courts
This post was co-authored by John G. Papianou and Erin A. Novak of Montgomery McCracken. Since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), FACTA plaintiffs have had a difficult time convincing federal courts that they’ve suffered a concrete harm. Spokeo held… Read More