Cleveland Chinese food restaurant First Wok has been hit with a proposed class action over its alleged practice of printing an unlawful amount of payment card information on customer receipts.
According to the eight-page lawsuit, the restaurant has violated the Fair and Accurate Credit Transactions Act (FACTA) by printing more than the last five digits of customers’ credit and debit card numbers and expiration dates on receipts.
“Defendant First Wok has willfully disregarded FACTA’s truncation requirement, injuring Plaintiff and other class members,” the suit, filed on April 6, alleges.
The plaintiff, a South Euclid, Ohio resident, says she placed a pickup order from First Wok in late September 2019 using “Chinese Menu Online,” a sales and billing platform utilized by the restaurant. Upon receiving the plaintiff’s order, the defendant printed an order form and sales receipt and attached the form to the plaintiff’s food order, the suit says. According to the case, the sales receipt was visible to other customers and employees before the plaintiff arrived to pick up her order.
The lawsuit claims the printed order form contained the plaintiff’s first and last name and identified her as the “Card Holder.” Moreover, the form displayed the plaintiff’s full credit card number, expiration date, security CCV code and the billing zip code associated with the card, the suit alleges.
The plaintiff claims that attempts were made to place unauthorized charges on her account within days of placing her pickup order with First Wok. According to the suit, the defendant’s practices have harmed the plaintiff and other customers whose private information is protected under FACTA. From the complaint:
“Defendant’s printing of order forms and sales receipts containing such nonpublic credit card information deprived Plaintiff and other class members of the risk-prevention benefits of proper truncation accorded by FACTA and recklessly exposed them to fraud, unauthorized use, and identity theft.”
As the lawsuit tells it, the defendant has “had almost 13 years to comply with FACTA and yet failed to do so,” and was contractually required by credit card companies to truncate customer card numbers when printing receipts.
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