Arcilla

ORDER RE: DEFENDANT’S MOTION TO DISMISS AND MOTION TO STRIKE

I.

INTRODUCTION & BACKGROUND

This putative class action is one of as many as 70 filed in the Ninth Circuit under a provision of the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”), which requires retailers to truncate the information on customers’ credit card receipts. The allegations in this case apparently resemble those in the others. Plaintiff Eugelio Arcilla claims that on January 3, 2007, he bought an item at a retail store operated by Defendant Adidas Promotional Retail Operations (“Adidas”), and that Adidas printed him a receipt containing information that FACTA prohibited— namely, the expiration date of his credit card. (Comply 10.) Arcilla claims Adidas printed this information knowingly and that in doing so, it knowingly violated his FACTA rights or at least recklessly disregarded them. (Id ¶ 11.) Arcilla also alleges Adidas has printed improper infor mation on the receipts of approximately 10,000 other consumers, including expiration dates as well as more than the last five digits of the card numbers. (Id. ¶¶ 13, 18a.)

On behalf of this putative class, Arcilla asserts a single claim for…