Oneida Tribe Of Indians Of Wisconsin Faces Class Action Lawsuit For Oneida Retail Area & Oneida OneStop Locations’ Violations Of The Fair & Accurate Transactions Act (FACTA) Since 2008 [UPDATE: Plaintiff’s Filings Posted]

UPDATE:

Here are the Plaintiff’s filings in Wisconsin Eastern District Court Docket No. 2015-CV-445:

_____________________
From Justia.com:

Filed: April 14, 2015

Court: Wisconsin Eastern District Court

Office: Green Bay Office

County: Brown

Presiding Judge: William C. Griesback

Nature of Suit: Consumer Credit

Cause of Action: 15:1681 Fair Credit Reporting Act

Jury Demanded By: Plaintiff

Oneida Eye will provide documents as they become available.

The Oneida Tribe has been named in a class action lawsuit claiming credit and debit card receipts at Oneida One-Stop locations did not properly shorten credit and debit card numbers. The complaint also claims the receipts printed card expiration dates.

The complaint, filed by Jeremy Meyers, claims that in February One-Stop locations at Packerland, Larsen, and Travel Center printed off more than the last five digits of his credit card along with the expiration date.

The Fair and Accurate Credit Transactions Act (FACTA) of 2003 strictly states electronic receipts may not include more than the last five digits of the credit or debit card number. It also prohibits the printing of the card’s expiration date. FACTA allows for damages in the amount of $100 to $1000 per violation.

The complaint is seeking damages dating back June 3, 2008 along with attorney’s fees, litigation expenses and costs.

According to the complaint “Most of the (Oneida Tribe’s) business peers and competitors readily brought their credit card and debit card receipt printing process into compliance with FACTA by, for example, programming their card machines and devices to prevent them from printing more than the last five digits of the credit or debit card or printing the expiration date on the card upon the receipts provided to the cardholders. (The Oneida Tribe) could have readily done the same. The (Oneida Tribe) negligently, recklessly and/or willfully disregarded FACTA’s requirements and continued to use cash registers or other machines or devices that print receipts in violation of FACTA.” 

 

Sec. 113. TRUNCATION OF CREDIT CARD AND DEBIT CARD ACCOUNT NUMBERS

Section 605 of the of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following:

“(g) TRUNCATION OF CREDIT CARD AND DEBIT CARD NUMBERS.–

“(1) IN GENERAL.–Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction. [emphasis ours]

“(2) LIMITATION.–This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credity care or debit card account number is by handwriting or by an imprint or copy of the card.

Oneida Eye has been provided copies of OneStop receipts from Tribe members displaying eight digits of a credit card’s sixteen numbers along with the expiration date.

Did the Oneida Bingo & Casino also violate FACTA by printing more than five credit card numbers along with expiration dates on customoers’ receipts? Or were the violations limited to the Oneida Tribe’s Retail stores?

The Oneida Tribe’s Retail Proift Manager is Michele Doxtator, who until recently was also Chair of the Oneida Election Board.


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