A district judge in the Southern District of Florida recently dismissed a FACTA class action on
Spokeo grounds even though he had previously approved a
near-$600,000 settlement in the same case. In 2016, lead plaintiff
Eric Kirchein filed suit against Pet Supermarket, Inc, contending
that the retailer violated the Fair and Accurate Credit
Transactions Act ("FACTA") when it printed more than five
digits of his and other consumers' credit card numbers on sales
receipts. The parties reached a preliminary settlement agreement
later that year, with Pet Supermarket agreeing to pay $580,000 to a
class of almost 30,000 consumers.
The deal ran into trouble soon thereafter, as the parties had
difficulty finding and locating individual class members. Further
complicating matters, the size of the class increased, as Pet
Supermarket discovered the class was approximately ten percent
larger than initially thought. Plaintiffs' counsel requested
additional settlement funds to
