Happiness is not a Fresh Baguette: Failure to Redact Expiration Date Insufficient to Create Standing under FACTA

Happiness is not a fresh baguette…at least not for one FACTA plaintiff. In Crupar-Weinmann v. Paris Baguette America, Inc., the Second Circuit, in line with the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), affirmed the District Court’s dismissal of plaintiff’s complaint with prejudice. The Second Circuit held that while Paris Baguette’s failure to redact the expiration date of plaintiff’s credit card number was a technical violation of the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”), by itself, that violation did not result in an injury sufficient to confer Article III standing. More ›