SHERMAN - A class action has been filed against a restaurant chain for violating the Fair and Accurate Credit Transaction Act by printing customers' credit card expiration dates on receipts.
Marilyn Frey, individually and on behalf of all others similarly situated, filed suit against Brinker Texas Inc., doing business as Chili's Grill & Bar, on June 1 in the Eastern District of Texas, Sherman Division.
Under the FACTA, merchants who accept credit cards or debit cards had until December 2006 to comply with the requirement that it would not print more than the last five digits of the card number or the expiration date on the receipt provided to the cardholder at the point of sale or transaction.
Frey argues that the defendant has violated this law by continuing to print the expiration date on paper receipts. She states the defendant is failing to protect her and others similarly situated against identity theft and credit card and debit card fraud.
The proposed class action will include all persons to whom defendant provided an electronically printed receipt at a point of sale or transaction occurring after Dec. 4, 2006, on which was printed more than the last five digits of the credit card or debit card number or the expiration date of the credit card. The class action does not include anyone who has suffered identity theft as a result of the violations.
The plaintiff is asking for an award of statutory damages, punitive damages, court costs and attorney's fees.
Frey is represented by Emil Lippe Jr. of Lippe & Associates in Dallas and R. Bruce Carlson of Carlson Lynch Ltd. in Sewickley, Penn.
A jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 4:11-cv-00318