United States Seventh Circuit

In plaintiff's class action suit against 1-800 Contacts, claiming that defendant violated the Fair Credit Reporting Act of 1970 (FCRA) as amended by the Fair and Accurate Credit Transactions Act of 2003 (FACTA) by including the expiration date of a purchaser's credit card in the order confirmations it sent by email, district court's grant of defendant's motion to dismiss for failure to state a claim on which relief could be granted is affirmed where: 1) both the language and context of the truncated requirement make plain that Congress was regulating only those receipts physically printed by the vendor at the point of the sale or transaction, and to apply the statute to receipts that are emailed to the consumer would broaden the statute's reach beyond the words that Congress actually used; and 2) even if the court construed the statute too narrowly, dismissal of plaintiff's complaint was nevertheless appropriate because 1-800 Contacts did not willfully violate the statute.

Appellate Information

• Argued 04/15/2010
• Decided 08/10/2010
• Published 08/10/2010

Judges

• ROVNER

Court

• United States Seventh Circuit

Counsel