Jeffries v. Volume Services America, Inc., No. 18-7139 (D.C. Cir. 2019)Annotate this Case
The Fair and Accurate Credit Transactions Act of 2003's truncation requirement imposes on the merchant the duty not to print "more than the last 5 digits of the card number or the expiration date." The duty applies at the "point of the sale or transaction" and a violation occurs regardless whether a plaintiff ever becomes the victim of any crime. The interest protected by FACTA—avoiding an increased risk of identity theft—is concrete.
The DC Circuit reversed the district court's grant of Centerplate's motion to dismiss plaintiff's action alleging that Centerplate violated FACTA. In this case, plaintiff made a credit card purchase at a Centerplate location and received a receipt that displayed her sixteen-digit credit card number and credit card expiration date. Although not every FACTA violation creates a concrete injury in fact, the court concluded that the alleged violation of plaintiff's right does so. The court held that plaintiff has pleaded enough facts to establish standing, because she was not able to use her credit card without incurring an increased risk of identity theft and, as a result, suffered a concrete injury in fact.