Law360 Reports Kelley Drye’s Win for P.C. Richard in New Jersey FACTA Class Action

Law360 reported partner Bill Gyves, special counsel Glenn Graham and associate Robert Ward’s class action victory for P.C. Richard & Son in the article, NJ Panel Won’t Revive Claims Over PC Richard Receipts.” In a decision that essentially puts an end to Fair and Accurate Credit Transaction Act (FACTA) class action litigation in New Jersey, the Appellate Division held that individual treatment in small claims court is the optimal setting for FACTA claims given the robust statutory remedy available, the purely technical nature of the alleged violation and the relative ease of proving a violation.
FACTA prohibits a business from generating electronically printed sales receipts reflecting more than five digits of a credit or debit card number or the card’s expiration date. It provides statutory damages of up to $1,000 for each technical violation. The decision is a big win for retailers, restaurants and other businesses operating in New Jersey.
To read the full article, please click here. Access may require a subscription. The decision was also covered in Mealey’s Daily News Update.