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Randy Long, Individually and On Behalf of All Others Similarly v. Tommy Hilfiger U.S.A.

January 24, 2012

RANDY LONG, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, APPELLANT
v.
TOMMY HILFIGER U.S.A., INC.



APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA (D.C. Civil No. 09-cv-01701) District Judge: Honorable Joy Flowers Conti

The opinion of the court was delivered by: Barry, Circuit Judge

PRECEDENTIAL

Submitted Under Third Circuit LAR 34.1(a)

December 5, 2011

Before: HARDIMAN, BARRY and VAN ANTWERPEN, Circuit Judges

OPINION OF THE COURT

The Fair and Accurate Credit Transactions Act ("FACTA") provides, in relevant part, that merchants who accept credit or debit cards shall not print "the expiration date" of the cards upon any receipt provided to the cardholder at the point of the sale. The question in this case is whether a retailer willfully violates that statute by printing the expiration month, but not the year, of the credit card on a receipt. The District Court answered that question in the negative, and dismissed appellant Randy Long's complaint against Tommy Hilfiger U.S.A., Inc. We will affirm.

I.

On October 29, 2009, Long made a purchase of "men's neckwear" using his credit card at a Hilfiger store in Grove City, Pennsylvania. His credit card was charged $24.99, and Hilfiger gave him an electronically-printed receipt that redacted all but the last four digits of his credit card number and displayed the month, but not the year, of his card's expiration date. In pertinent part, the receipt read as follows:

SALESPERSON # 8399

881300009340 MENS NECKWEAR 24.99

TOTAL $24.99 VISA $24.99 ############9802

PURCHASE

EXPIRY: 04/## ...


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