United States Third Circuit

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Long v. Tommy Hilfiger U.S.A. Inc., 11-1554

In a putative class action against a men's clothing retailer alleging that its printing of “EXPIRY: 04/##” on a credit card receipt willfully violated the Fair and Accurate Credit Transactions Act (FACTA)'s prohibition against printing the expiration date of the a credit card upon any receipt provided to the cardholder at the point of the sale, the district court's grant of the defendant's motion to dismiss is affirmed, where: 1) FACTA prohibits a merchant from printing expiration date information on a receipt provided to the consumer, even if the year is redacted; but 2) the defendant's interpretation of FACTA, although erroneous, was at least objectively reasonable, and thus there was no "willful" violation that could support a claim.

Appellate Information

  • Decided 01/24/2012
  • Published 01/24/2012

Judges

  • Barry

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Gary F. Lynch, John G. Papianou

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