Edwards

ORDER DENYING SUMMARY JUDGMENT

On December 21, 2006, plaintiffs Nicola Edwards and James Schley filed a complaint against defendant Toys “R” Us (“Toys”) for violation of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. Plaintiffs allege that Toys violated the statute’s Fair and Accurate Credit Transactions Act (“FACTA”), which requires that “no person that accepts credit cards or debit cards for the transaction of business shall print more than the last five digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or the transaction.” 15 U.S.C. § 1681c(g). Plaintiffs have sued on behalf of a class of consumers who received receipts from Toys that did not comply with FACTA. On April 6, 2007, Toys filed an early motion for summary judgment. At a scheduling conference three days later, the parties agreed that the motion should be heard on July 30, 2007. On June 29, 2007, however, plaintiffs filed an ex parte application seeking an extension of the briefing schedule on the motion and a continuance of the hearing under Rule 56(f). The court granted the application and continued the hearing to September 24,…