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.).