SCOTUS Won’t Review Receipt Redaction Class Action

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By Jimmy H. Koo

The U.S. Supreme Court June 19 declined to review a class action over a Wisconsin restaurant’s alleged failure to truncate the credit card expiration dates on customers’ receipts ( Meyers v. Nicolet Restaurant of De Pere, LLC , U.S., No. 16-01113, petition for certioriari denied 6/19/17 ).

The petition sought high court review of the first federal appeals court case to address standing in a Fair and Accurate Credit Transactions Act case following the U.S. Supreme Court’s ruling in Spokeo v. Robins , 136 S.Ct. 1540.

In December, the U.S. Court of Appeals for the Seventh Circuit held that, although failure to truncate the expiration date is technically a violation of FACTA, plaintiff Jeremy Meyers didn’t have standing because he failed show that he was actually harmed or that the violation created any risk of harm.

Under Spokeo, the appeals court said, Meyers needed to show a “concrete and particularized” injury that is “actual or imminent, not conjectual or hypothetical.”

Meyers was represented by Zimmerman Law Offices PC. Nicolet Restaurant was represented by Nash, Spindler, Grimstad & McCracken LLP.

To contact the reporter on this story: Jimmy H. Koo in Washington at jkoo@bna.com

To contact the editor responsible for this story: Donald Aplin at daplin@bna.com

For More Information

Full text of the Supreme Court's order is available at http://src.bna.com/pZH

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