How much information should merchants include in sales receipts?
Merchants should be conscious of how much information they are reproducing on a sales receipts. Printing more than five digits of credit and debit card numbers on sales receipts can potentially expose them to lawsuits. Just last month two customers of Roti Modern Mediterranean (Roti) filed a class action lawsuit in Cook County Circuit Court. The plaintiffs claimed that Roti violated the Fair and Accurate Credit Transaction Act by printing more than five digits of customers’ debit and credit card numbers. The chain, which operates 13 locations in Illinois, allegedly printed receipts that displayed 10 credit or debit card digits. In response to these allegations, Roti claimed that since no credit card information was actually compromised, the lawsuit has no merit. Other famous chains, such as Burger King and Costco, have faced similar lawsuits in the past.
Title 1, §113 of the Fair and Accurate Credit Card Transaction Act of 2003, (“FACTA”) set a national standard by permitting only the last five digits of card account numbers to be printed on electronically printed receipts. The restrictions do not apply to handwritten or imprinted receipts. To reduce the risk of legal liability, merchants should include only the following information on the sales receipts: 1.) merchant’s name and address; 2.) date of transaction; 3.) the products or services purchased, including the applicable taxes; 4.) cardholder’s signature (only on the merchants copy); 5.) authorized approval code from card issuer; and 6.) the last five digits of debit or credit card account number if the receipt is done electronically.
Tristan & Cervantes has worked on various business related matters and can help you implement measures to ensure that no federal or state law violations occur. If you have any questions related to FACTA and how this can impact your business, please feel free to contact our office via email
at info@tristanlegal.com or call us at (312) 345-9200.
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EEOC’s Wellness Rules Still Apply
Last year, the Equal Employment Opportunity Commission (EEOC) passed new regulations that gave employers the authority to assess employees who refused to participate in wellness programs. A “wellness program . . . refers to health promotion and disease prevention programs and activities offered to employees as part of an employer-sponsored group health plan or separately as a benefit of employment.” In essence, these programs intend to encourage healthier lifestyles and prevent diseases.
Before these rules went into effect on January 1, 2017, AARP filed a federal suit against the EEOC on behalf of some of its members. AARP argued that the programs violated anti-discrimination laws intended to protect employees’ medical information. According to AARP, the disclosure of confidential medical information is an irreparable harm. Despite AARP’s efforts to block the new regulations, the district ruled in favor of the EEOC and upheld the regulation.
Employers should review the new regulations and ensure their compliance. To review the new EEOC’s regulations, employers can visit
https://www.federalregister.gov/documents/2016/05/17/2016-11558/regulations-under-the-americans-with-disabilities-act
The attorneys at Tristan & Cervantes have worked closely with many companies regarding their employment related matters. If you have any questions regarding the regulations or any other issue, please contact our office via email at info@tristanlegal.com or call us at (312) 345-9200.
