E-mailed order confirmations are not “electronically printed” receipts subject to the truncation requirements of the Fair and Accurate Credit Transactions Act (“FACTA”) amendments to the Fair Credit Reporting Act, the U.S. Court of Appeals for the Seventh Circuit ruled. FACTA prohibits the “electronic printing” of any receipt at “the point of the sale or transaction” that contains the expiration date of a consumer’s credit or debit card or more than the last five digits of the credit or debit card account number. The appeals court followed the majority view among district courts that “the term ‘electronically printed’ reaches only those receipts that are printed on paper.” The court noted that a printed receipt brings to mind “a tangible document” and “ordinarily connotes recording it on paper.”

Shlahtichman v. 1-800 Contacts Inc., 2010 U.S. App. LEXIS 16484 (7th Cir. Aug. 10, 2010) Download PDF

Editor’s Note: The ruling is discussed further on the Proskauer Privacy Law blog.