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ARTICLE · 28 FEBRUARY 2018

Groundwork Grows For Defendants Challenging FACTA Complaints Lacking Actual Injury Allegations

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The U.S. Court of Appeals for the Ninth Circuit joined a growing number of circuit courts of appeal to hold that alleged procedural violations of the Fair and Accurate Credit Transactions Act...

United StatesConsumer Protection
Hanley Chew
Hanley Chew
Tyler Newby
Tyler Newby
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The U.S. Court of Appeals for the Ninth Circuit joined a growing number of circuit courts of appeal to hold that alleged procedural violations of the Fair and Accurate Credit Transactions Act, such as the inclusion of a credit card's full expiration date on a receipt, were, on their own, insufficient to satisfy the concrete injury requirement necessary for Article III standing. The Feb. 21 ruling in Bassett v. ABM Parking Services is the latest since Spokeo v. Robins to call for actual harm to advance a FACTA damages claim. So far, every circuit court to have confronted similar factual allegations in FACTA cases has found that they fail to establish standing.

The Fair and Accurate Credit Transactions Act

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