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Fausett v. Walgreen Co.

To protect consumer’s credit-card and debit-card information from identity theft, the Fair and Accurate Credit Transactions Act (FACTA) provides that retailers cannot print more than the last five digits of a consumer’s card on a receipt. The statute also provides that any person who willfully violates that provision shall be liable for damages “of not less than $100 and not more than $1,000.” After Walgreen’s printed more than the last five digits of her debit-card number on a retail receipt, Calley Fausett sued the company in Illinois state court for violating the Act and sought damages for the willful violation. Walgreen argued that Fausett lacked standing under Illinois law because she had not shown that she was harmed by the violation. The trial court rejected that argument, and Walgreen appealed.

In the Illinois Supreme Court, Public Citizen filed an amicus brief in support of Fausett. The brief explained the history and purposes of FACTA and that recognizing standing to sue for statutory damages is consistent with Illinois Supreme Court precedent. Before oral argument, however, the Court decided to refer the question back to the state appellate court, where the case is now pending.