March 8, 2019

3rd Circuit concludes receipt violating FACTA is insufficient for standing in federal court

On March 8, 2019, the Third Circuit held in Kamal v. J. Crew Group that the printing of a receipt reflecting more than the last four digits of a consumer’s credit card number—a violation of the Fair and Accurate Credit Transactions Act of 2003 (FACTA)—does not independently constitute a “concrete injury” sufficient to confer Article III standing.  The Third Circuit joins the Second, Seventh, and Ninth Circuits in so holding, and splits from the Eleventh Circuit’s contrary holding in Muransky v. Godiva Chocolatier, IncJ. Crew highlights a continuing post-Spokeo dialogue among lower courts as to when a procedural violation of FACTA, without more, presents a “material risk of harm” sufficient to confer Article III standing.

Kamal v. J.Crew Group | Muransky v. Godiva Chocolatier