Meyers v. Nicolet Restaurant of De Pere, LLC

Plaintiff lacked Article III standing to bring instant action under Fair and Accurate Credit Transactions Act (FACTA), where plaintiff alleged that defendant-restaurant had violated FACTA by failing to truncate his credit card expiration date in copy of his payment receipt. Under Spokeo, 136 S.Ct. 1540, plaintiff failed to allege sufficient injury-in-fact arising out of printing of credit card expiration date on his receipt, and plaintiff otherwise failed to show that instant alleged violation of FACTA created any appreciable risk of harm, where no one but plaintiff ever saw non-compliant receipt. Moreover, Ct. noted that Congress specifically declared in Credit and Debit Card Receipt Clarification Act that failure to truncate card’s expiration date, without more, does not heighten risk of identify theft.