We have recently been retained to defend a federal class action case filed against a Florida hotel, alleging violations of the Fair and Accurate Credit Transactions Act (FACTA), a U.S. federal statute. According to the Plaintiff, the hotel violated FACTA by printing guest folios bearing credit card expiration dates, in addition to the last four digits.
The issue appears to be related to certain point-of-sale (POS) systems in use at many hotels, which print folios bearing the expiration date of guest credit cards. In some cases, the first six digits of the credit card information is also displayed.
The vendors claim that this practice complies with the Payment Card Industry Data Security Standard (PCI DSS). However, PCI DSS may not override stricter laws that legislate what can be printed on receipts, such as FACTA.
To avoid potential liability, all hotels should immediately check to ensure that their folios bear only the last four digits of guest credit cards. If additional credit card information is shown, we recommended that you immediately cease printing folios for any guests until this issue is either resolved by the vendor or the applicability of FACTA is determined by the Court. Folios may be delivered to guests via email.
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