New Jersey Law Journal Reports Kelley Drye’s Win for P.C. Richard in FACTA Class Action

Partner Bill Gyves and senior associate Glenn Graham were mentioned as counsel to P.C. Richard & Son in the New Jersey Law Journal article, ​“P.C. Richard Class Action Over Exposure of Credit Card Numbers Not Welcome in State Court.” In a victory that could halt the spread of litigation for technical violations of the Fair and Accurate Credit Transaction Act (FACTA) in state courts, a New Jersey state judge granted P.C. Richard’s motion to dismiss the case and found that individual treatment in small claims court, not a class action, is the optimal setting for FACTA claims.

FACTA prohibits a business from generating electronically printed sales receipts reflecting more than five digits of a credit or debit card number or the card’s expiration date. It provides statutory damages of up to $1,000 for each technical violation. The decision provides retailers, restaurants and other businesses operating in New Jersey with a new line of defense to the wave of FACTA class actions that are expected to begin flowing through the New Jersey state courts as the federal trial courts continue to dismiss those claims on jurisdictional grounds in the absence of any concrete damages.

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