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

[HotelSwatTeam]

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.

Ok, you said the magic word " statutory damages" which explain a questing that has been burning in my head for years and years. How do people collect on lawsuits which seemly have little to no quantifiable damage whatsoever such as the ADA serial lawsuit filed against thousands of landlords. Up until reading your post, I was under the impression that you actually had to prove damages to collect settlement money.

It sound like in this case, I might be able to join a class action lawsuit and be entitled to something even though I did not suffer even 1 penny worth of actual damage just because they added too much information on the receipt in violation of a customer protection law.

So statutory damages carve out an exception that allows people to litigate based on companies violating some obscure law. Basically an enforcement by civil lawsuit.

I was completely unaware there was such a thing but this greatly explains a lot lawsuits I head about on the news.

So let me ask you a question, does a law have to specify it has this statutory damages or does a judge/jury decide on this after hearing a case ?

For example, if you catch a car speeding, you can't get statutory damages on someone speeding in front of your house unless they actually damage something right? Some laws have it and some don't ?

Thanks.

 

[quincy]

Ok, you said the magic word " statutory damages" which explain a questing that has been burning in my head for years and years. How do people collect on lawsuits which seemly have little to no quantifiable damage whatsoever such as the ADA serial lawsuit filed against thousands of landlords. Up until reading your post, I was under the impression that you actually had to prove damages to collect settlement money.

It sound like in this case, I might be able to join a class action lawsuit and be entitled to something even though I did not suffer even 1 penny worth of actual damage just because they added too much information on the receipt in violation of a customer protection law.

So statutory damages carve out an exception that allows people to litigate based on companies violating some obscure law. Basically an enforcement by civil lawsuit.

I was completely unaware there was such a thing but this greatly explains a lot lawsuits I head about on the news.

So let me ask you a question, does a law have to specify it has this statutory damages or does a judge/jury decide on this after hearing a case ?

For example, if you catch a car speeding, you can't get statutory damages on someone speeding in front of your house unless they actually damage something right? Some laws have it and some don't ?

Thanks.

Statutory damages are damages that have been set by law. A judge or jury will decide the amount of statutory damages awarded (e.g., $100 rather than $500 or $1000) based on the facts of the case.

If the law has not allowed for any statutory damages, a plaintiff seeks damages to compensate for the losses suffered (compensatory or actual damages) and/or damages to punish the one who caused harm (punitive damages), etc.

The above, by the way, is an extremely simplified and incomplete lesson on damages.

Despite the fact that there are statutory damages for FACTA violations, you might find some issues with a claim if you have not suffered any actual harm. You will want to discuss this with an attorney in your area, who can explain how the US Supreme Court decision in Spokeo v. Robins might affect any legal action you consider.

Good luck.

 

[HotelSwatTeam]

Statutory damages are damages that have been set by law. A judge or jury will decide the amount of statutory damages awarded (e.g., $100 rather than $500 or $1000) based on the facts of the case.

If the law has not allowed for any statutory damages, a plaintiff seeks damages to compensate for the losses suffered (compensatory or actual damages) and/or damages to punish the one who caused harm (punitive damages), etc.

The above, by the way, is an extremely simplified and incomplete lesson on damages.

Despite the fact that there are statutory damages for FACTA violations, you might find some issues with a claim if you have not suffered any actual harm. You will want to discuss this with an attorney in your area, who can explain how the US Supreme Court decision in Spokeo v. Robins might affect any legal action you consider.

Good luck.

Thank you for quoting and explaining the law so well.

By the way, I found a class action suit for the same thing.

https://topclassactions.com/lawsuit-settlements/lawsuit-news/863924-subway-credit-card-receipt-class-action-settlement/

It all boils down to the statutory damages part that I did not understand before.

Thanks.

 

[quincy]

Thank you for quoting and explaining the law so well.

By the way, I found a class action suit for the same thing.

https://topclassactions.com/lawsuit-settlements/lawsuit-news/863924-subway-credit-card-receipt-class-action-settlement/

It all boils down to the statutory damages part that I did not understand before.

Thanks.

If you search, you can probably find a Burger King suit, as well.

Note that with the Subway settlement, plaintiffs in the class action can expect to collect, out of the $30.9 million, up to $75 each.

 

[Zigner]

How did the chain get your zip code?

 

[quincy]

How did the chain get your zip code?

Maybe he means the three-digit code on the back of the card?