A plaintiff lacks Article III standing to sue a defendant for violating the FACTA by handing the plaintiff a credit card receipt that displays the credit card’s full expiration date. The receipt was shown to no one else and no identity theft resulted from the printing of the overly revealing receipt. Following decisions by the Second and Seventh Circuits, this decision holds that plaintiff suffered no concrete injury sufficient to confer Article III standing. See Crupar-Weinmann v. Paris Baguette Am., Inc., 861 F.3d 76 (2d Cir. 2017); Meyers v. Nicolet Rest. of De Pere, LLC, 843 F.3d 724 (7th Cir. 2016). This case is different from those finding standing where private information is disclosed to third parties. Here, the expiration date was not disclosed to others, but only to the plaintiff.
Ninth Circuit Court of Appeal (McKeown, J.); February 21, 2018; 2018 WL 987954.