LAS VEGAS (Legal Newsline) – Royal Links Golf Club is seeking dismissal of a lawsuit filed against it by a California consumer who alleges it failed to protect him from identity theft when it printed a receipt containing both the first four and last four digits of his credit card number.
In the seven-page motion to dismiss submitted Dec. 18, 2018, SGGOAKS Royal Links LLC (also called Royal Links Golf Club) says that Keith Martinez’s claim “lacks standing, and fails to state a claim upon which relief can be granted.”
Namely, the plaintiff alleges when he received a credit card receipt for using the parking garage at the Royal Links Golf Club, the receipt had 10 digits of his credit card as well as the card’s expiration date printed on the receipt. However, the golf club says that only Martinez saw the receipt and that “any risk of identity theft or credit card fraud was speculative.”
Royal Links also seeks dismissal of the claim made by Martinez that Royal Links Golf Club violated Nevada’s Deceptive Trade Practices Act (NRS 598). Additionally, it also seeks dismissal of the claim for a class action against the golf club.
Previously, Royal Links Golf Club sought removal of Martinez’s original lawsuit, which was filed in Nevada’s 8th Judicial District Court for Clark County in September. Its rationale for removal rested on its argument that the original complaint against the club alleged Royal Links Golf Club violated the Fair and Accurate Credit Transactions Act, a federal law. Thus, it argued that the case should be removed to the U.S. District Court for the District of Nevada.
In his original suit, Martinez sought statutory, actual and punitive damages against the golf club. He alleged the club had violated the Fair and Accurate Credit Transactions Act by printing a receipt that had the first six as well as the last four digits of his credit card number.
Martinez argued in his suit that, as a result, he “suffered actual damages since his credit card information referenced above was obtained and used by identity theft criminals.”
He alleged that he had to then address the charges made by the people who stole his information.
Martinez also asked the court that his lawsuit be designated as a class action.