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.