Defendants Move To Dismiss Putative FACTA Class Action Based On Spokeo

On April 7, defendants Wolfgang's Steakhouse, Inc. and ZMF Restaurants LLC again urged a New York federal court judge to dismiss a Fair and Accurate Transactions Act putative class action based on the Supreme Court's decision in Spokeo, Inc. v. Robins.

In Fullwood v. Wolfgang's Steakhouse, Inc., plaintiff Cynthia Fullwood alleged that the defendants violated FACTA by printing the expiration date on sales receipts. Fullwood does not allege that any pecuniary damages flowed from this act, but she seeks statutory damages on behalf of herself and the putative nationwide class. Defendants previously moved to dismiss, arguing that Fullwood lacked standing to pursue her claims. The Court granted the motion, finding that Fullwood's Second Amended Complaint "fails plausibly to plead a concrete and particularized injury." However, because Fullwood's Second Amended Complaint predated Spokeo, the Court allowed Fullwood to file a Third Amended Complaint.