Home > Journals > St. John's Law Review > Vol. 86 > No. 3
Document Type
Note
Abstract
(Excerpt)
This Note argues that FACTA's truncation provision should apply to online transactions and e-mail receipts as currently written, but recognizes the necessity of limiting the potentially devastating liability that online merchants would face for a technical violation of the provision in a class action lawsuit. Part I of this Note explores FACTA's statutory landscape, paying particular attention to the truncation and statutory damages provisions. Part II analyzes the conflicting viewpoints that have arisen through attempts to apply FACTA's truncation provision to online transactions. Finally, Part III argues that an interpretation of the truncation provision that does not make it applicable to online transaction is an improper interpretation of the provision given FACTA's legislative purpose, its statutory language, and overall public policy concerns. However, in light of the probability that online merchants would be subject to debilitating liability for technical violations of the provision in a class action situation, this Part also proposes that Congress amend the statutory relief provision so as to limit potential class action liability.