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Judge Rules FACTA Does Not Extend to E-Confirmation

PRIVACY LAW—U.S.

February 10, 2010

A judge in the Northern District of Illinois has ruled that the Fair and Accurate Credit Transactions Act (FACTA) does not apply to electronic displays or e-mail confirmations of Internet transactions, reports Multichannel Merchant. David Almeida, a partner at Drinker Biddle & Reath, LLP, highlights the case Shlahtichman v. 1-800 Contacts, Inc., in which the plaintiff alleged that the inclusion of his credit card's expiration date on a computer-generated receipt violated the act, which restricts the disclosure of such information on electronically printed receipts. Judge John Darrah dismissed the claim, saying that an e-mail order confirmation does not fit the criteria for "electronically printed receipt," and that the confirmation was not generated at the point-of-sale, among other factors.
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