Filed by named plaintiff Ryan D. Gesten, the proposed nationwide class action asserts that by printing sales receipts that show the first six and last four digits of its customers’ credit cards, Burger King is violating customer privacy and placing its customers at risk for identity theft. According to the complaint, this is not the first FACTA class action lawsuit that Burger King has faced.
“Not only was defendant so informed not to print more than the last five digits of credit or debit cards, it was contractually prohibited from doing so,” the complaint states. “Defendant accepts credit cards and debit cards from all major issuers; these companies set forth requirements that merchants, including defendant, must follow, including FACTA’s redaction and truncation requirements.”
According to the complaint, Gesten was provided with a receipt at a Burger King in in the Miami area in June. The receipt not only clearly showed Gesten’s credit card details, but also method of payment, card brand, date and time of the transaction and the Burger King location. Gesten asserts that all these details taken together increase the risk for identity theft.
Further, the complaint states that by printing the extra card digits, Burger King acted recklessly in that Burger King employees could potentially access the receipts or the receipts could be found by individuals in the trash.
The complaint notes that in 2015 Florida residents made the highest number of fraud-related complaints and the third-highest number of identity theft complaints in the nation, according to the Federal Trade Commission.
Gesten’s complaint goes on to state that Burger King should be more aware of potential FACTA violations than other companies bcause it was sued in 2008 and 2011 by customers in Florida and Wisconsin, respectively, for alleged FACTA violations.
The proposed federal class seeks to represent any individual who, in the last two years, paid for a Burger King purchase with a debit or credit card and was provided with a receipt that displayed more than the last five digits of their card number or the expiration date.
Gesten is represented by Keith J. Keogh of Keogh Law Ltd., Scott D. Owens of Scott D. Owens PA and Bret Lusskin Jr. of The Law Office of Bret Lusskin.
The case is Gesten v. Burger King Corp., case number 1:17-cv-22541, in the U.S. District Court for the Southern District of Florida.