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October 24, 2016

Judge Dismisses Class Action Due to Lack of Concrete Harm, Cites Spokeo

U.S. District Court Judge William Martini of the District of New Jersey dismissed a class action suit against retailer J.Crew, finding its practice of printing 10 digits of customers’ account numbers does not constitute sufficient harm as set by the Supreme Court in Spokeo v. Robins reports the New Jersey Law Journal.

The plaintiff sued under the Fair and Accurate Credit Transactions Act of 2003, but Martini ruled that “printing 10 digits of a credit card number instead of five does not elevate the risk of fraud enough to work a concrete injury for standing purposes. There is no evidence that anyone has accessed or attempted to access [the] plaintiff’s credit card information. Nothing has been disclosed to third parties. Nor does the record indicate that anyone will actually obtain one of plaintiff’s discarded J.Crew receipts and identify the remaining six digits of the credit card number and then proceed undetected to ransack [the] plaintiff’s Discover account,” Martini said.

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