MIAMI (Legal Newsline) – A Florida man alleges a fast food restaurant chain exposed him and other customers to a heightened risk of identity theft because of the amount of digits of a card number printed on a receipt.
Ryan D. Gesten filed a complaint individually and on behalf of others similarly situated on Oct. 30 in the 11th Judicial Circuit Court in and for Miami-Dade County against Burger King Corp., doing business as Burger King, alleging violation of the Fair and Accurate Credit Transactions Act and the Fair Credit Reporting Act.
According to the complaint, the plaintiff purchased goods from one of the defendant's restaurants in Miami-Dade County in June 2017 using his credit card. He alleges his receipt contained the first six and last four digits of his card number in violation of FACTA, which states no more than the last five digits of a card number should be printed on a receipt.
The plaintiffs hold Burger King Corp. responsible because the defendant allegedly failed to comply with FACTA's receipt provision and exposed plaintiff's private information.
The plaintiff requests a trial by jury and seek judgment against defendant, order granting certification of the class, statutory and punitive damages, injunctive relief, attorneys' fees, litigation expenses, costs of suit and further relief as the court deems just. He is represented by Scott D. Owens of Scott D. Owens PA in Hollywood, Florida; Bret L. Lusskin Jr. of Bret Lusskin PA in Aventura, Florida; and Keith J. Keogh of Keogh Law LTD in Chicago.
The defendant removed the case to the U.S. District Court for the Southern District of Florida on Feb. 5.
U.S. District Court for the Southern District of Florida case number 1:18-cv-20450