U.S. Court of Appeals for the Ninth Circuit

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Case Updates

Case settled

March 28, 2008

U.S. Chamber files amicus brief on class certification in Fair and Accurate Credit Transactions Act case

March 06, 2008

NCLC urged the Ninth Circuit to uphold a District Court decision denying certification of a class of consumers who claim that retailers violated the Fair and Accurate Credit Transactions Act (FACTA) by printing more than the last 5 digits of a credit or debit card and/or the expiration date of the card. After International Coffee and Tea (Coffee Bean) printed a customer’s credit card expiration date on a single receipt, the customer sued and sought to certify a class of similar customers. NCLC argued that individual treatment of FACTA claims is superior to class certification because class litigation exposes businesses to staggering class-wide damages far out of proportion to any harm suffered by potential class members. NCLC also argued that certification would be inappropriate because there is no indication that the individual violations of FACTA actually harmed the potential class members.

Case Documents