Florida Requires Concrete Injury For Standing

On July 13, 2022, the Florida District Court of Appeal for the Fourth District affirmed an order dismissing a putative class action filed under the federal Fair and Accurate Credit Transactions Act (FACTA) for lack of standing. Southam v. Red Wing Shoe Company, Inc., No. 4D21-3338 (July 13, 2022). FACTA provides, in part, that "except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction." 15 U.S.C. § 1681c. FACTA further provides that "any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ... any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more