In re Toys "R" Us-Delaware, Inc.—Fair & Accurate Credit Transactions Act (FACTA) Litigation

ORDER GRANTING PLAINTIFFS’ MOTIONS TO CERTIFY CLASSES

On December 21, 2006, plaintiffs Nicola Edwards and James Schley filed an action in this court against defendant Toys “R” Us (“Toys”), alleging that it had violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. 1 Specifically, plaintiffs asserted that Toys had violated the Fair and Accurate Credit Transactions Act (“FAC-TA”), 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. § 1681e(g). Plaintiffs sued on behalf of a class of consumers who received receipts from Toys that did not comply with FACTA (the “Edwards plaintiffs”).

On May 21, 2008, Gregory J. Ellis filed a similar action that was assigned to Judge William T. Hart of the Northern District of Illinois. 2 Like Edwards and Schley, Ellis sought to represent a class of consumers who received a receipt from Toys that did not comply with FACTA (the “Ellis plaintiffs”). On October 9, 2008, the United States Judicial Panel…