Steakhouse Chain Co. Can't Skirt Customer's FACTA Suit

Law360, New York (November 17, 2014, 1:19 PM EST) -- A New York federal judge ruled Friday that ZMF Restaurants LLC must face a proposed class action alleging that printing credit card receipts including the expiration date of customers' cards violates the Fair and Accurate Credit Transactions Act, finding that the complaint alleges willful violation of the act.

U.S. District Judge Katherine Polk Failla denied a motion to dismiss by ZMF and Wolfgang's Steakhouse Inc. on the basis that while a current amended complaint doesn't sufficiently allege that violations of FACTA were willful rather than merely negligent, the plaintiffs should be permitted to replead their case and file a new proposed...

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