The Federal Fair and Accurate Credit Transaction Act (FACTA) amended the Fair Credit and Reporting Act in 2003 to provide that “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 sale or transaction”, 15 USC §1681(c)(g)(1).  This rule covers only “receipts that are electronically printed and [does] not apply to transactions in which the sole means of recording a credit card or debit card number is by handwriting or an imprint or copy of the card.”  An earlier wave of FACTA litigation against retailers caused many to adjust practices and limit the printing of credit card data on in-store transaction receipts.  A new decision of the federal Ninth Circuit Court of Appeals has now helpfully determined that “under FACTA, a receipt that is transmitted to a consumer via email and then digitally displayed on the consumer’s screen is not an ‘electronically printed’ receipt”, and therefore may include the additional credit card data without violation of FACTA.  (Simonoff v. Expedia, Inc., 9th Cir. No. 10-35595, May 24, 2011).

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