Muransky v. Godiva Chocolatier, Inc., No. 16-16486 (11th Cir. 2020)Annotate this Case
Plaintiff filed suit alleging that Godiva chocolate stores had printed too many credit card digits on hundreds of thousands of receipts over the course of several years, and pointed out that those extra numbers were prohibited under a federal law aimed at preventing identity theft. After the parties agreed on a class settlement, the Supreme Court issued Spokeo, Inc. v. Robins, which held that a party does not have standing to sue when it pleads only the bare violation of a statute.
The Eleventh Circuit held that plaintiff has no standing because he alleged only a statutory violation and not a concrete injury. In this case, plaintiff alleged that a cashier handed him a receipt containing some of his own credit card information printed on it. Although the receipt violated the law because it contained too many digits, the court explained that plaintiff has alleged no concrete harm or material risk of harm stemming from the violation. Therefore, this amounts to nothing more than a "bare procedural violation, divorced from concrete harm." Consequently, the court cannot evaluate the fairness of the parties' settlement and vacated the district court's order approving it.
This opinion or order relates to an opinion or order originally issued on October 3, 2018.