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ARTICLE · 04 NOVEMBER 2008

Plaintiffs´ Counsel Won´t Give Up on Credit Card Suits

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Despite many courts refusing to certify classes in litigation brought under the federal Fair and Accurate Credit Transaction Act (FACTA), and President Bush signing legislation that ended many of the remaining cases, plaintiffs' counsel continues to look for avenues to bring credit card suits.

United StatesLitigation, Mediation & Arbitration
John Nadolenco
John Nadolenco
Lucia Nale
Lucia Nale
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Originally published November 3, 2008

Keywords: Fair and Accurate Credit Transaction Act, FACTA, credit card suits, Song-Beverley Credit Card Act, personal identification, copycat lawsuits

Despite many courts refusing to certify classes in litigation brought under the federal Fair and Accurate Credit Transaction Act (FACTA), and President Bush signing legislation that ended many of the remaining cases, plaintiffs' counsel continues to look for avenues to bring credit card suits.

Recently, a plaintiffs' firm filed at least five suits in California alleging violations of the Song-Beverly Credit Card Act, California Civil Code Section 1747.08, which prohibits businesses from requesting, or requiring "as a condition to accepting [a] credit card ... payment..., the cardholder to provide personal identification information" including "the cardholder's address and telephone number" and then writing or recording such personal information "upon the credit card

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