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What is the Fair and Accurate Credit Transactions Act (FACTA)?
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What is the Fair and Accurate Credit Transactions Act (FACTA)?

REMINDER NOTICE

IMPORTANT COMPLIANCE UPDATE

 

Merchant Services Store would like to remind all merchants the compliance requirements imposed upon merchants by FACTA.

 

What is the Fair and Accurate Credit Transactions Act (FACTA)?

 

FACTA is a federal law that states “no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of sale or transaction.” 15 U.S.C. § 1681(c)(g).

 

It is every merchant’s responsibility to understand and comply with FACTA, and, in general, to protect the customer’s cardholder information. In addition, your business may be subject to other state laws that impact the information you may print on receipts. It is a good business practice to check the laws of your state to determine if you are compliant.

 

Where can I go for more information on FACTA?

General information on FACTA can be found on the Internet. See for example:

 

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ159.108.pdf  and

 

http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt007.pdf

 

Recently, there has been heightened activity surrounding FACTA. In fact, newly enacted legislation from the House and Senate may impact a merchant’s liability under this federal law. The Act, known as the Credit and Debit Card Receipt Clarification Act of 2007 (the “Proposed Act”), was signed and enacted into law by the President on June 3, 2008.

 

The intent of the Proposed Act is as follows:

 

1) that any merchant that truncated the cardholder number but printed an expiration date on an electronically printed receipt provided to the cardholder between December 4, 2004 and June 3, 2008 will not be considered in willful noncompliance with FACTA; in other words, unless the cardholder can prove actual damages, a merchant is exempted from willful noncompliance FACTA suits for receipts issued during this exemption period that truncated the card number but showed the expiration date. After June 3, 2008, the merchant is still liable for willful noncompliance.

 

2) to protect Merchants that qualify for this limited exception from automatically imposed fines, (even if no damages occurred) that could be awarded for willful noncompliance under FACTA, which range from $100.00 to $1,000.00 per receipt, for receipts printed during this exception period;

 

 

The Proposed Act is also expected to apply to all merchants involved in currently pending FACTA lawsuits. It will not, however, affect FACTA lawsuits that have already been settled or dismissed. The Proposed Act does not modify the requirements of FACTA and merchants must still comply with their obligations under FACTA.

 

If you believe your receipts are not compliant with FACTA, please call Merchant Services Store at 800-895-5866.  We will be glad to assist you in your compliance efforts.

 


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