FACTA Suit Dismissed For Lack Of Harm

A Florida court recently broke with other district courts in its circuit when it concluded that a plaintiff lacks standing to sue a defendant for mere technical violation of the Fair and Accurate Credit Transactions Act (FACTA) unless the plaintiff has been harmed. FACTA prohibits printing more than the last five digits of a credit card number or the expiration date on a receipt. In the case in question (Gesten v. Burger King Corp.) the plaintiff alleged that Burger King violated FACTA when it provided him with a receipt which identified his payment method as a debit card, identified the issuing company (e.g., Visa, American Express), and included the first six and last four digits of his account number.