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Cunningham v. Cruises

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


October 4, 2007

MEREDITH CUNNINGHAM, ETC., PLAINTIFF,
v.
SHORELINE SIGHTSEEING CRUISES, DEFENDANT.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Meredith Cunningham ("Cunningham") has just filed a putative Class Action Complaint against Shoreline Sightseeing Cruises ("Shoreline"), based on its asserted violation of the provision of the Fair Credit Reporting Act that precludes parties accepting credit or debit cards from printing more than the last five digits of the card number or the card's expiration date on any receipt provided to the cardholder (15 U.S.C. §1681c(g)(1)). Complaint Ex. A reproduces the August 3, 2007 receipt that Shoreline furnished Cunningham, which includes two items that might potentially have implicated those prohibitions:

1. an entry that reads "ACCT: ***6687"; and

2. another entry that reads "EXP:" followed by insertion of the word "REDACTED," the latter word having been handprinted in place of the information that appeared on the receipt itself.

This memorandum order is issued sua sponte because Cunningham's counsel has defined the putative class in this way in Complaint ¶16:

Plaintiff brings this action on behalf of herself and all similarly situated persons within the United States who used their credit or debit card in any sale or transaction occurring after December 4, 2006, with Shoreline Sightseeing Cruises and were provided with an electronically printed receipt displaying either more than the last five digits of the person's credit or debit card and/or the expiration date of the person's credit or debit card.

It is obvious from Complaint Ex. A that Cunningham cannot claim a violation by Shoreline of the prohibition regarding the number of digits of her debit card, for the receipt prints out only the last four digits.

Hence that aspect of the putative class definition must be and is stricken, with Cunningham having standing (and potential typicality) only as to persons who were provided with an electronically-printed receipt that displayed the expiration date of a debit card.*fn1 Cunningham's counsel is ordered to provide a copy of this memorandum order to Shoreline in conjunction with its service of process.


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