On April 14, a putative class action was filed in Wisconsin federal court against the Oneida Tribe of Indians of Wisconsin, claiming that they failed to comply with the credit card receipt truncation requirement of the Fair and Accurate Credit Transactions Act (“FACTA”).  According to the named plaintiff, the Oneida Tribe included more than the last five digits of his credit card number when they issued receipts to him in three of their Wisconsin retail stores.

The complaint alleges that the tribe “failed to protect plaintiff, and others similarly situated, against identity theft and credit card and debit card fraud.”  The named plaintiff purports to represent a class of all individuals who were given an electronically printed receipt that violated FACTA by the tribe for a transaction in the United States since June 3, 2008.  He seeks statutory damages of $100 to $1,000 for each violation of the law, along with attorneys’ fees and costs.

Notably, the tribe – as well as its Wisconsin businesses – are subject to FACTA since it is a statute of general applicability, and has no interference with tribal governance or treaty rights.

The case is Meyers v. Oneida Tribe of Indians of Wisconsin, No. 1:15-cv-00445, (E.D. Wisc.).

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Photo of H. Scott Kelly H. Scott Kelly

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including background screening, consumer reporting, data breaches, ransomware attacks, and related regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state attorneys general.

Photo of Michael E. Lacy Michael E. Lacy

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO,

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO, and state UDAP laws. He has significant experience litigating and trying corporate governance disputes, including shareholder derivative claims, corporate dissolution cases, and corporate divorce matters. Michael also represents public utility companies in litigation and regulatory matters, including condemnation and land use cases.