Romero v. Darden Restaurants
Class complaint – Darden allegedly printed the expiration date and type of payment card on a receipt at a Bahama Breeze restaurant. The receipt allegedly identified plaintiff paid with a debit card. Plaintiff further alleged the (prohibited) information was printed despite the fact Darden was contractually prohibited from doing so, and had previously been sued for similar violations (e.g., violations were willful).
[S.D. FL; 0:17-cv-61098]
jbho: the complaint doesn’t appear to plead any harms. However, other plaintiffs have had success in the 11th on similar claims:
• Flaum v. Doctor’s Associates – $31M for printing unmasked expiration dates [S.D. FL; 0:16-cv-61198]
• Wood v. J Choo – $2.5M for printing unmasked expiration dates [S.D. FL; 9:15-cv-81487]
• Guarisma v. Microsoft – $1.2M for printing the first six and last four digits [S.D. FL; 1:15-cv-24326]
• Muransky v. Godiva – $6.3M for printing the first six and last four digits [S.D. FL; 0:15-cv-60716]
• Legg v. Spirit Airlines – $7.5M for printing the first seven and last four digits [S.D. FL; 0:14-cv-61978]
Remember both FACTA and card brand rules only permit the last five digits of a card number to be displayed