Consumer claims Ace Parking Management's receipt violated FACTA

By Noddy A. Fernandez | Dec 20, 2017

SAN DIEGO (Legal Newsline) – A San Diego County, California man alleges that a company unlawfully printed the full expiration date of his debit card on a receipt.

Joseph Samo, individually and on behalf of all others similarly situated, filed a complaint on Dec. 1 in the U.S. District Court for the Southern District of California against Ace Parking Management Inc. alleging violation of the Fair and Accurate Credit Transaction Act.

According to the complaint, the plaintiff alleges that in Nov. 8, he parked his vehicle in defendant's La Jolla parking lot and used his Visa debit card to pay. The suit states the defendant's kiosk issued an electronically printed transaction receipt that illegally displayed the last four digits of his debit card, along with the debit card's full expiration date in violation of the FACTA. 

As a result, he alleges he and the class members who use defendant's parking lots will be subjected to a substantially higher risk of identity theft or fraud. 

The plaintiff holds Ace Parking Management Inc. responsible because the defendant allegedly failed to comply with FACTA's truncation requirements.

The plaintiff requests a trial by jury and seeks judgment for statutory damages in the amount of $1,000, punitive damages, attorney's fees, costs of suit, injunctive and declaratory relief and for other relief the court deems just and proper. He is represented by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart APC in San Diego and Quintin Shammam of Law Offices of Quintin G. Shammam in San Diego.

U.S. District Court for the Southern District of California case number 3:17-cv-02414-WQH-BLM

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Hyde & Swigart U.S. District Court for the Southern District of California

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