11th Circ. Affirms Dismissal Of FACTA Coverage Suit

Law360, New York (October 3, 2011, 4:33 PM EDT) -- The Eleventh Circuit on Tuesday upheld a lower court ruling that Essex Insurance Co. Inc. did not owe E.T. Limited Inc. coverage for an underlying class action accusing the restaurant operator of unlawfully printing customers' full credit card information on receipts.

The district court granted the insurer summary judgment in the underlying state court litigation alleging violations of the Fair and Accurate Credit Card Transaction Act on the grounds that ETL's issuance of a credit card receipt did not constitute a “publication” as required under the...
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