Van Straaten v. Shell Oil Products Co. LLC
2012 U.S. App. LEXIS 7789
| 7th Cir. | 2012Background
- FACTA requires truncation of credit/debit card numbers to the last 5 digits on electronically printed receipts; definition of 'card number' is not provided.
- Shell printed the last four digits of its cards' designated 'account number' on receipts, not the ISO-defined primary account number (PAN).
- Plaintiff argues Shell should have printed the last four digits of PAN; she seeks § 1681n damages but shows no injury.
- District court found Shell’s printed digits were the wrong digits and held potential liability under § 1681n; decision later reversed on appeal.
- Seventh Circuit concludes the issue is whether Shell acted willfully; Safeco governs the standard for willfulness as objective unreasonableness.
- Court holds Shell did not willfully violate FACTA by printing the last four digits of the 'account number' designated on the card.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shell’s printing of the last four digits of the account number violated FACTA willfully | van Straaten argues Shell’s digits were not the PAN and thus violated the statute willfully. | Shell contends 'card number' is not necessarily PAN and printing digits within five-digit limit complies. | No willful violation; the printing was not objectively unreasonable. |
Key Cases Cited
- Safeco Ins. Co. v. Burr, 551 U.S. 47 (Supreme Court 2007) (willfulness requires objective reasonableness under unclear text)
- Long v. Tommy Hilfiger U.S.A., Inc., 671 F.3d 371 (3d Cir. 2012) (printing part of exp. date not a willful violation)
- Whitfield v. Radian Guaranty, Inc., 501 F.3d 262 (3d Cir. 2007) (vacated as moot; addressed willfulness)
- United States v. Munsingwear, Inc., 340 U.S. 36 (1950) (mootness doctrine; vacatur to avoid precedential effect)