Fast food Restaurant posted too much information on my receipt. Can I go after them in court? If so, for how much?

[HotelSwatTeam]

Fast food Restaurant posted too much information on my receipt.

Typically a restaurant chain can have the last few digits of your credit card however they included the expiration date and zip code as well.

This information could potentially lead to credit card fraud and exposing my private information. Can I go after them in court? If so, for how much?
By the way, I posted this question before and it mysteriously disappeared. Big Restaurant does not want this violation to get out I guess? lol.

What is the name of your state? Florida.

 

[Just Blue]

Fast food Restaurant posted too much information on my receipt.

Typically a restaurant chain can have the last few digits of your credit card however they included the expiration date and zip code as well.

This information could potentially lead to credit card fraud and exposing my private information. Can I go after them in court? If so, for how much?
By the way, I posted this question before and it mysteriously disappeared. Big Restaurant does not want this violation to get out I guess? lol.

What is the name of your state? Florida.

1. Yes. Anyone can sue anybody. Doesn't mean you will win...but you could sue.

2. For as much money as you are out.

 

[quincy]

Fast food Restaurant posted too much information on my receipt.

Typically a restaurant chain can have the last few digits of your credit card however they included the expiration date and zip code as well.

This information could potentially lead to credit card fraud and exposing my private information. Can I go after them in court? If so, for how much?
By the way, I posted this question before and it mysteriously disappeared. Big Restaurant does not want this violation to get out I guess? lol.

What is the name of your state? Florida.

What was the explanation the restaurant gave you for including the information?

 

[HotelSwatTeam]

1. Yes. Anyone can sue anybody. Doesn't mean you will win...but you could sue.

2. For as much money as you are out.

Ok, 1. You know what I mean. Do I have a right of action or does someone have a decent chance of wining in court or will the case be thrown out in 2 seconds and the lawyers sanctioned for bringing such a frivolous case. I think you know that already but enjoy saying that line.

2. What do you mean by " as much money as I'm out" Do you mean like how much did I spend on the fast food meal? Like $5, or do you mean like damages? If their action caused my credit card to be sold on the dark web and compromised for thousands of dollars.
Can't I just ask for a lot of money because they violated basic privacy protocol in dealing with credit card and personal information the receipt?

Thanks.

 

[quincy]

Ok, 1. You know what I mean. Do I have a right of action or does someone have a decent chance of wining in court. I think you know that already but enjoy saying that line.

2. What do you mean by " as much money as I'm out" Do you mean like how much did I spend on the fast food meal? Like $5, or do you mean like damages? If their action caused my credit card to be sold on the dark web and compromised for thousands of dollars.
Can't I just ask for a lot of money because they violated basic privacy protocol in dealing with credit card and personal information the receipt?

Thanks.

Right now you have no damages.

Here is a link (from 2007) on the federal law that requires all businesses to delete the expiration date and all but the last few numbers of a credit card:
https://www.ftc.gov/tips-advice/business-center/guidance/slip-showing-federal-law-requires-all-businesses-truncate

 

[HotelSwatTeam]

Right now you have no damages.

You are correct no actual damages but they did violate the consumer protections law. Can I get any $ for the fact they are violating consumer protection law or are damages required?

That article you linked said that " Noncompliance could open a company up to an FTC law enforcement action, including civil penalties and injunctive relief. In addition, the law allows consumers to sue businesses that don’t comply and to collect damages and attorney’s fees. "

 

[quincy]

You are correct no actual damages but they did violate the consumer protections law. Can I get any $ for the fact they are violating consumer protection law or are damages required?

That article you linked said that " Noncompliance could open a company up to an FTC law enforcement action, including civil penalties and injunctive relief. In addition, the law allows consumers to sue businesses that don’t comply and to collect damages and attorney’s fees. "

Did you read the "exceptions" to the law to see if any could apply to your restaurant transaction?

 

[HotelSwatTeam]

Did you read the "exceptions" to the law to see if any could apply to your restaurant transaction?

You mean how it does not apply to " handwritten or imprinted receipts. as well as how they are required to keep customers’ personal information — including account data safe?"

My receipt is not handwritten or imprinted and its from a national fast food restaurant chain.

Should I start shopping for a private jet to buy with all my settlement money? But seriously, how do I determine how much to ask for if the only violation is exposing my private data on the receipt and my credit card has not bee hacked as a result of it?

Is the exposed private/personal financial information on the receipt considered to be damages without being hacked as a result?

In other words, would I have to prove that someone got a hold of my receipt and used that information to spend money on my credit card causing me actual financial loss or is having the potential of compromising information on my receipt considered to be damages in and of itself?

 

[quincy]

Here is a link to a class action complaint filed in Florida against Darden Restaurants, Inc. for violations of FACTA:
https://www.classaction.org/media/saleh-et-al-v-darden-restaurants-inc.pdf

There have been other class action suits filed against restaurants (Burger King for one) over the same violations.

 

[CdwJava]

You do not have any damages, so what would you sue them for? Maybe there's a class action you can join in on. My understanding is that in these matters the lawyers tend to do much better than the plaintiffs who suffer no specific damages.

If you want to complain, here is how you can contact the FTC (from the link provided by Quincy) ...

https://www.ftc.gov/contact

 

[HotelSwatTeam]

You do not have any damages, so what would you sue them for? Maybe there's a class action you can join in on. My understanding is that in these matters the lawyers tend to do much better than the plaintiffs who suffer no specific damages.

If you want to complain, here is how you can contact the FTC (from the link provided by Quincy) ...

https://www.ftc.gov/contact

Thank you officer. Its nice to see more woman in the force.

If no damages = no lawsuit payday, then how would a class action do any better?

If damages are required for settlement money, how would a class action with thousands of people all without damages get anymore money than suing individually? Can the people without damages somehow piggyback off the people with damages in a class action situation?

I do know some ADA lawsuit are happening by people traveling around with measuring tapes and looking for any slight violation of ADA which have no financial damages. I never understood how they got money without damages.

Thanks.

 

[quincy]

Thank you officer. Its nice to see more woman in the force.

If no damages = no lawsuit payday, then how would a class action do any better?

If damages are required for settlement money, how would a class action with thousands of people all without damages get anymore money than suing individually? Can the people without damages somehow piggyback off the people with damages in a class action situation?

I do know some ADA lawsuit are happening by people traveling around with measuring tapes and looking for any slight violation of ADA which have no financial damages. I never understood how they got money without damages.

Thanks.

There are statutory damages ($100 - $1000 per receipt). And in the complaint I linked to the plaintiffs are also asking for punitive damages, injunctive relief and attorney fees.

The main reason for class action suits is that individual suits generally are not worth the costs of pursuing. The damages are not great enough. But all of the individuals together can make a suit worthwhile.

What generally happens with class action suits is the individual plaintiffs get a few dollars without having to put forth any effort and the attorneys get paid for their work and the entities sued are told to correct whatever it is they did wrong.

I doubt you have an individual action worth the cost of pursuing. You can consult with an attorney in your area for a better idea, though, or check to see if there is a class action suit forming against the restaurant you went to.

 

[quincy]

Thank you officer. Its nice to see more woman in the force...

By the way, the comment you made to CdwJava (quoted above) was no doubt prompted by the photo of Officer Natalie Corona that CdwJava is using as his avatar, in honor of Officer Corona's service.

Officer Corona was the young Davis, California, police officer shot last Thursday by a man who had previously been barred from owning guns.

 

[HotelSwatTeam]

By the way, the comment you made to CdwJava (quoted above) was no doubt prompted by the photo of Officer Natalie Corona that CdwJava is using as his avatar, in honor of Officer Corona's service.

Officer Corona was the young Davis, California, police officer shot last Thursday by a man who had previously been barred from owning guns.

Yes, you are 100% correct. The picture in the avatar did prompt my response. Thank you for explaining the situation. I am looking up youtube video on this recent incident to learn more about it. Thanks again for letting me know.

 

[quincy]

Yes, you are 100% correct. The picture in the avatar did prompt my response. Thank you for explaining the situation. I am looking up youtube video on this recent incident to learn more about it. Thanks again for letting me know.

It is a sad story - and one that is heard far too often in this country.