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Shlahtichman v. 1-800 Contacts (7th Cir.) (Aug 10, 2010)

Shlahtichman v. 1-800 Contacts (7th Cir.) (Aug 10, 2010)

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Seventh Circuit finds that internet retailer does not violate FACTA's prohibition on printing last 5 digits of credit card number or expiration date by including this information in a confirming (computer generated) email.
Seventh Circuit finds that internet retailer does not violate FACTA's prohibition on printing last 5 digits of credit card number or expiration date by including this information in a confirming (computer generated) email.

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Published by: Venkat Balasubramani on Aug 12, 2010
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10/25/2012

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In the
United States Court of Appeals
 For the Seventh Circuit
 
No. 09-4073E
DUARD
S
HLAHTICHMAN
 ,
Plaintiff-Appellant
 ,
v.
1-800 C
ONTACTS
 , I
NC
.,
Defendant-Appellee.
 
Appeal from the United States District Courtfor the Northern District of Illinois, Eastern Division.No. 09 C 4032
 — 
John W. Darrah
 ,
 Judge
. 
A
RGUED
A
PRIL
15, 2010
 — 
D
ECIDED
A
UGUST
10,
 
2010
 Before B
AUER
 , R
OVNER
 , and H
AMILTON
 ,
Circuit Judges
.R
OVNER
 ,
Circuit Judge
. After Eduard Shlahtichmanpurchased contact lenses over the Internet, 1-800 Contacts,Inc. emailed him a confirmation of his order which re-flected the expiration date of his credit card. The Fairand Accurate Credit Transactions Act of 2003 (“FACTA”)prohibits a vendor who accepts a credit or debit card asa means of payment from “print[ing] more than the last5 digits of the card number or the expiration date upon
 
2No. 09-4073any receipt provided to the cardholder at the point ofthe sale or transaction,” 15 U.S.C. § 1681c(g)(1); the pro-hibition “appl[ies] only to receipts that are electronicallyprinted,” as opposed to those on which the credit or debitcard information is written by hand or taken by imprintor photocopy, § 1681(c)(g)(2). Did 1-800 Contacts “elec-tronically print” the expiration date of Shlahtichman’scredit card, and thereby violate FACTA, by including itin the email? This is a question of first impression at theappellate level. We answer that question in the negativeand affirm the dismissal of Shlahtichman’s complaint.1-800 Contacts sells contact lenses over the Internetand accepts payment by credit card. On or before June 2,2009, Shlahtichman made an Internet purchase from 1-800Contacts using his credit card. 1-800 Contacts then sentShlahtichman a computer-generated email confirminghis order. Among the information included in the confir-mation was the expiration date of Shlahtichman’s creditcard. Shlahtichman received the email at his home inIllinois on June 2, 2009. These are the essential factualallegations of Shlahtichman’s complaint, and we assumetheir truth for purposes of reviewing the dismissal ofhis suit.
E.g.
 ,
 Addis v. Whitburn
 , 153 F.3d 836, 837 (7thCir. 1998).FACTA amended the Fair Credit Reporting Act of 1970,15 U.S.C. §§ 1681
et seq.
(“FCRA”), to add, among otherprovisions, a “receipt truncation” requirement aimed atcombating identity theft.
See
§ 1681c(g). As amended, thestatute provides:
 
No. 09-40733
Truncation of credit card and debit card numbers(1) In general
Except as otherwise provided in this subsection, noperson that accepts credit cards or debit cards for thetransaction of business shall print more than the last5 digits of the card number or the expiration dateupon any receipt provided to the cardholder at thepoint of the sale or transaction.
(2) Limitation
This subsection shall apply only to receipts that areelectronically printed, and shall not apply to transac-tions in which the sole means of recording a creditcard or debit card account number is by handwritingor by an imprint or copy of the card.
(3) Effective date
This subsection shall become effective
 — 
 
(A)
3 years after December 4, 2003, with respect to anycash register or other machine or device that electroni-cally prints receipts for credit card or debit cardtransactions that is in use before January 1, 2005; and
(B)
1 year after December 4, 2003, with respect toany cash register or other machine or device thatelectronically prints receipts for credit card or debitcard transactions that is first put into use on orafter January 1, 2005.§ 1681c(g). The statute permits a consumer to recover anyactual damages he sustains as a result of a negligentviolation, together with the costs of suit,
see
15 U.S.C.

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