Duncan v. FedEx Office and Print Services, Inc.

Court erred in dismissing complaint under Section 2-619.1 of Code of Civil Procedure, by relying on federal case law to find that Plaintiff lacked standing to pursue her claim under Fair and Accurate Credit Transactions Act (FACTA) in state court. Plaintiff alleged that Defendant willfully violated FACTA when it printed more than the last 5 digits of her credit card number on its sales receipt. Plaintiff has standing to bring her FACTA claim under Illinois law. FACTA does not require a person to suffer actual damages to seek recourse for a willful violation of the statute. Illinois state courts can find that a procedural violation of FACTA is sufficinet to confer standing in state court. (CUNNINGHAM and CONNORS, concurring.)