Thomas v. TOMS King (Ohio), LLC, No. 20-3977 (6th Cir. 2021)Annotate this Case
After receiving a credit card receipt printed with the first six and last four digits of her credit card, Thomas sued TOMS for violating the “truncation requirement” of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), 15 U.S.C. 1681c(g), which prohibits anyone who accepts credit or debit cards for payment from printing more than the last five digits of a customer’s card number on the receipt, and offers actual and statutory damages.
The district court dismissed, finding that the alleged violation did not result in harm sufficiently concrete for Article III standing purposes. The Sixth Circuit affirmed. FACTA reflects Congress’s concern with preventing identity theft, and its belief that truncating card numbers is the most effective means of doing so but a violation of the truncation requirement does not automatically cause an injury in fact. Thomas’s allegations do not establish an increased risk of identity theft; they do not show how, even if her receipt fell into the wrong hands, criminals would have a gateway to her personal and financial data, and she did not allege that the receipt was lost, stolen, or seen by a third party.