On January 16, 2014, Troutman Sanders secured a victory for
client Paris Baguette America, Inc. when District Judge Jed S.
Rakoff of the U.S. District Court for the Southern District of New
York dismissed with prejudice a putative class action alleging that
Paris Baguette willfully violated the Fair and Accurate Credit
Transaction Act by printing the expiration date of customers'
credit and debit cards on their receipts.
The Court held that the named plaintiff failed to allege facts
that could plausibly allege that Paris Baguette
"knowingly" or "recklessly" violated
FACTA. Specifically, the allegation by Plaintiff that
defendant "change[d] ... the credit and debit card receipts to
remove all but the last three digits of the card number" did
not plausibly suggest that plaintiff acted "knowingly or
recklessly" but rather "render[ed] implausible the claim
that defendant was attempting to willfully evade FACTA's
restrictions." Judge Rakoff's decision in Paris
Baguette
