More than 100 lawsuits have been filed against retailers in the past five months alleging they "willfully" violated the Fair and Accurate Credit Transactions Act by printing credit and debit card numbers or expiration dates on customers' receipts.
The lawsuits seeking class action status name such retailers as Ikea Corp., Costco Wholesale Corp., Limited Brands Inc.'s Victoria's Secret, Toys 'R' Us Inc., and Avis Budget Group Inc.
The suits must prove that the retailers acted with "willful noncompliance" or "reckless disregard" for the 2003 statute, which prohibits the listing of a card's expiration date or more than five digits of an account number on a receipt. Dec. 4 was the compliance deadline for cash registers and point of sale terminals.
Though retailers could face damages of up to $1,000 for each transaction, potentially totaling billions of dollars in claims, the Seattle law firm Perkins Coie LLP wrote in a newsletter published last week that "conduct that only rises to the level of negligence does not entitle a plaintiff to statutory or punitive damages."
The newsletter said most of the claims have been filed in California and New Jersey because "these circuits are seen as plaintiff-friendly venues" for FACT Act suits.