Hammer, et al. v. Sam's East, Inc., et al., No. 12-3724 (8th Cir. 2014)
Annotate this CasePlaintiffs filed suit against Sam's club, alleging that Sam's Club willfully violated a provision of the Fair and Accurate Credit Transactions Act (FACTA), 15 U.S.C. 1681c(g)(1), which prohibits accepting credit or debit cards for a consumer transaction from printing more than the last five digits of the card number upon any receipt provided to the cardholder. The court concluded that plaintiffs have standing under Article III; the court agreed with the district court that Sam's Club violated FACTA but that the violation was not willful; and the district court acted properly in denying plaintiffs' motion to recuse. Accordingly, the court affirmed the district court's grant of summary judgment to Sam's Club.
Court Description: Civil case - Fair and Accurate Credit Transactions Act. Plaintiffs met both the injury-in-fact and redressability aspects of Article III standing and had standing to bring this action; the district court did not err in concluding that while defendant had violated FACTA's receipt requirements by printing more than the last five digits of plaintiffs' credit card numbers on electronically printed receipts where the plaintiffs' account numbers and credit care numbers were the same, the violation was not willful as the defendant's interpretation of FACTA as not applicable to membership numbers printed on a receipt had a foundation in the statutory text and was not objectively unreasonable; the district court did not err in denying plaintiffs' recusal motion. Chief Judge Riley, dissenting.
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