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Privacy of Credit Card Information

Posted by attorney Guerino Cento

The Fair and Accurate Credit Card Transaction Act (“FACTA"), enacted as an amendment to the Fair Credit Reporting Act, 15 U.S.C. § 1681, requires a merchant to truncate the credit or debit card number on a customer's receipt.

Specifically, FACTA provides that “...no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction." 15 U.S.C. § 1681c(g)(1).

This statute further permits a consumer injured by a person who “willfully fails to comply" with FACTA to recover “any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000." See 15 U.S.C. § 1681n(a). A consumer injured by “negligent noncompliance" with FACTA may recover only actual damages. See 15 U.S.C. § 1681o.

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