• Court Holds Online Retailers Not Required To Comply with FACT Act's Prohibition on the Printing of Credit Card Expiration Dates On Receipts
  • April 6, 2009
  • Law Firm: Winston & Strawn LLP - Chicago Office
  • An individual sued online retailer Zazzle when the company displayed credit card expiration dates on its on-screen payment confirmation pages. The plaintiff argued that Zazzle’s practices violated the Fair and Accurate Credit Transactions Act’s (the “FACT Act”) requirement that a retailer shall print no more than the last five digits of a customers credit card number or the expiration date upon any receipt. The U.S. District Court for the Southern District of Florida found that FACT Act’ s restriction on printing credit card information on receipts was not intended to cover payment confirmations displayed on-screen after an Internet purchase. The court reasoned that if Congress had intended the FACT Act’s prohibitions to extend to email transmissions, the plain language of the statute would have reflected such an intention. However, the court did note that in some cases, courts have disagreed and held that on-screen confirmations were "printed" and therefore covered by the FACT Act.

    TIP: Because various courts have disagreed on the issue, online retailers should exercise caution when displaying credit card information, including expiration dates, in their on-screen receipts following online sales. An online merchant should consider removing expiration dates from online receipts until the matter is uniformly settled.