Second Circuit Holds Procedural FACTA Violation Insufficient To Establish Standing

The U.S. Court of Appeals for the Second Circuit added its voice to the chorus of circuit courts of appeal to hold that allegations that defendants included the first six and last four digits of a plaintiff's credit card number on their receipts in violation of the Fair and Accurate Credit Transactions Act were, on their own, insufficient to satisfy the concrete injury requirement necessary for Article III standing. Every circuit court to have confronted similar factual allegations in FACTA cases has found that they fail to establish standing. The September 19 decision in Katz v. The Donna Karan Company is also significant in that it permits parties to introduce extrinsic evidence in statutory violation cases when the district court is making a determination on standing.