The U.S. Court of Appeals for the Third Circuit added its voice
to the chorus of circuit courts of appeal that have held that
alleged procedural violations of the Fair and Accurate Credit
Transactions Act (FACTA), such as the inclusion of a credit
card's full expiration date or a few additional digits from the
card on a receipt, were, on their own, insufficient to satisfy the
concrete injury requirement necessary for Article III standing.
Other than the Eleventh Circuit, 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
The FACTA was a 2003 amendment to the Fair Credit Reporting Act (FCRA) and provides
that "no person that accepts credit cards or debit cards for
the transaction of business shall print more than the last five
digits of the card number or the expiration date upon any receipt
provided to the cardholder at the point of the sale
