“A new class action suit has been filed against Apple concerning how much information is printed on online Apple Store receipts,” Justin Berka reports for Ars Technica.
“In the complaint seen by Ars Technica, two Miami residents are suing Apple for allegedly violating the Fair Credit Reporting Act (FCRA). Part of the FCRA states that no more than the last five digits of a credit or debit card number can be printed on a receipt, and that the expiration date cannot be printed on a receipt. The suit argues that Apple’s practice of putting the last four digits, expiration date, and other personal information on the receipt greatly increases the chances of identity theft, and violates the FCRA,” Berka reports.
Berka reports, “The law firm responsible for the suit has filed numerous other suites related to the FCRA.”
More in the full article here.
Who wants to sue Apple for those damn double-drawstring Apple Store bags! Come on, we can make a mint: 59-cents to each “affected” customer and a couple hundred grand to the lawyers.
It’s that John “Breck Girl” Edward’s fault.
Hey. I happen to like those bags.
mw-great (as in great bags)
If in violation, than I am all for the lawsuit.
Whatever happened to simply calling someone up and discussing the problem? By that I mean a representative from the company, not your freakin’ lawyer!
I’m no lawyer, but I don’t think that the FCRA pertains. The credit card issuers are the ones who require merchants to only print the last four digits of your card number on the receipt.
If Apple broke the law, they broke the law. No need to defend them, MDN. (I hear Apple has their own lawyers).
It’s great that Apple is being put to the task of following the law. It was written for a reason.
I don’t agree with the lawsuit as being the best, or even most fair means of accomplishing this.
best you got ron? You suck.
MW: “research”. do some.
And another thing, I don’t want anyone in the Apple store to use my name. They should refer to me as ‘customer’ in all interactions. They should refrain from looking directly at me as well. In fact, I would prefer it if they would just ignore me entirely when I enter the store, let me pick out the items I want, and walk out with them without any interaction whatsoever. Further, I would like my co-workers, friends, and family to refrain from mentioning my name audibly. It would be preferable if they did not talk to or contact me, either. In fact, human contact of any kind is certain to put my identity at risk, so from now on, I will be known as ‘human’ and all contact will be made online through my secure email.
I will not give out this email because it may put my identity at risk.
–
i am not here
What?!?!?! Other people might see when my bank card expires?!?!?!?! The horror!!! Nobody is safe!!!
Beware – Apple is not to be trusted. Pull your keychain info. off of .Mac immediately… the end is near!
If you read this then I have just stolen your identity.
This is just a money-grab by lawyers.
Can any of these yahoos prove that their identity was compromised by the alleged ” violation ” ?
I suggest that these people get a life and I hope that the judge sees things the same way. He should also fine these lawyers for taking up valuable court time with this crap.
Hey, KIDS! Who want’s to play “Let’s kill the cash cow”?!?!?
Yah?
Sure. I knew you would!!!!!
I guess this is how if goes when a company is “hot”. Expect more stupid lawsuits in the future…
@C1…you posted your name haw haw
Now we can sue you,,
Oh crap I am using my name…
I saw myself in a mirror. I said, “I know who you are.” He just stared at me …it’s creepy …all he does is stare.
As long as my whole card number and social aren’t on thing like this, I am fine.
I guess some people are just scared to shop online. I have never had a bad experience though.
@ ChrissyOne
I tried to read your post. Sounded pretty good as I started it. But then I got to the part where the little station wagon kept driving over the text and I became google-eyed (term predates the search giant). I guess I will have to refresh the page and hope for a different set of ads on the right so I can get through the rest of your post.
Some lawsuits actually benefit people by forcing obstinate companies to comply with critical regulations (e.g., health and safety). Others play the “public good” card, but with the primary intention of making money for lawyers.
I agree that if Apple is violating a law/regulation, that they should alter their system to comply. In my opinion, however, the core reason for the lawsuit in question is simply to make money. If the core reason was to actually protect consumers, then it could likely be accomplished much more efficiently than by filing a lawsuit against Apple. I have to wonder if the lawsuit was the first notice to Apple of this alleged violation…
It seems to me that there is are many parallels between this lawsuit and the corruption of the patent/intellectual property process. In this case, teams of vulture lawyers make a living by seeking any rules violations, no matter how obscure, and then filing lawsuits “on behalf” of some representative consumers. The consumers typically get next to nothing (even the small number of class representatives don’t get that much) and the lawyers rake in a lot of money.
In the case of patents/IP, various groups collect IP on the cheap, and then scan for potential violations, often using strong arm tactics to force a cash settlement. It seems to me that they often wait years in order to let the “damages” accumulate before filing.
I have been solicited to participate in several class action lawsuits. I generally opt out and often provide rationale for why the lawsuit should be dismissed.
MDN MW: “defense” – how appropriate
A new class action suit has been filed against Apple concerning how much information is printed on online Apple Store receipts,” Justin Berka reports for Ars Technica.
From the FCRA:
Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.
So, if I buy something online while sitting in my home and I print the receipt that has my information listed, Apple is at fault. If I did the printing, how can Apple be held responsible?
This is from the Senate Judiciary Committee discussing the bill in question:
[A]ddresses the problematic practice of leaving a full credit number and expiration date on a merchant receipt accessible to store personnel. Some retailers already truncate credit and debit card numbers on both the customer and merchant receipts in an effort to protect their customers. SB 1699 simply expands the law requiring card numbers to be taken off of receipts handed to the customer to also require the numbers to be removed from the receipts kept by the merchant.
If you print the receipt at home, then store personnel don’t have access to it and no one “handed it” to you.
This is exactly how someone got my credit card number and started using it a few months ago. How the credit card people figure it out so quickly, I have no idea. And, there was no recent Apple purchase around that time.
I think it was a restaurant or bar that had my number on it.
I read this site every day and even though I love macs, sometimes MDN’s defense is taken too far. Though unfortunately I could have predicted the response. Can you not actually see the positive in this? Yes, it may seem over the top when someone sues another (especially your own beloved corp), but it’s usually the only way to get a corporation to modify anything in it’s policy. Money aside, asking nicely just doesn’t cut it. I find this news refreshing, since it can affect any one of us.
Anti-creative cretin,
Just curious, what country are you from?
Unfortunate Response,
I think MDN’s response refers to the problem that a lot of people have with class action lawsuits – those who make up the class get a pittance compared to the outrageous fees that the lawyers get.
@ Spark
THANK YOU for pointing that out. MDN, that ad has to go. Do anything you like in the margins but PLEASE stay out of the comment area. It’s just tacky.
The real problem here is that enforcement of the law has, effectively, been abdicated by the government and outsourced to third parties, namely private party petitioners in civil court.
Why aren’t the state and federal governments enforcing this law?
Why do we have to rely on private parties and their attorneys?
Why don’t companies simply do the right thing, without waiting to get forced into action by a lawsuit and settlement?
And why can’t the United States get its act together and pass a real data protection law, with real teeth in it? The US data protection laws are a joke compared to the European Union equivalents.
Apple is putting the last 4 digits on the receipt when they are allowed to put the last 5?!?!?!?
Sue them!!!!
MDN has ads?
I never see any.
I guess some people would rather whine and cry about stuff instead of just handling it(ie. use a browser that does real ad blocking)
online receipts are only seen by the customer. So what’s the problem here.
If Apple is not compliant with the law on this, ask them to stop. A lawsuit only means that some godd, noble, honest lawyer will be paid for some letter writing. No plaintiff can expect compensation unless they can show they have been materially damaged. I’m sure Apple has no agenda in printing the expiration date on the receipt.
Florida is filled with retired senior citizens.
Given that the weather in Florida is undesirable during many months of the year, it is a sought-after retirement destination because life there is cheaper.
And cheaper is good, becuase those senior citizens don’t have a lot of money.
So they sit in Florida, sweltering in the heat and humidity. It makes them cranky. They think about escaping to a more pleasant place.
And then an idea hits: “let’s file a huge lawsuit against a ‘deep-pockets’ defandant, collect a bundle, and get out of this hell hole!.” And another crass-action lawsuit is born.
Give me a break, people. Take personal responsibility for those little receipts. Even though smoking is banned almost everywhere these days, they still sell those little butane lighters…buy yourselves one and use it to cremate those Apple receipts so that nobody can steal your identity.
But, then again, who the hell would WANT your pathetic little identities!
“If Apple is not compliant with the law on this, ask them to stop.”
It’s called a cease and desist letter, and usually this is sent BEFORE a class action lawsuit is filed. I don’t know whether these petitioners in particular have filed one, but judges are usually reluctant to proceed with cases if the parties haven’t even tried to settle.
Regardless, it is naive to think that a $100+ billion corporation will listen to a customer saying “Pretty please”.
The real world doesn’t work that way. The corporation doesn’t have to listen to you. It doesn’t have to play nice. Why should it? The corporation is NOT on your side. It exists solely to make money.
Sorry if that bursts any misconceptions that you may have had on the subject.
MJK: You’re clearly an idiot.
Customers don’t have any control over what happens to the retailer’s copy of the receipt.
Apple Store bags are great for dirty laundry on trips and for wet swimsuits coming back from the gym!
I’m a pacifist, but some people should just be taken out in the alley and smacked around a littlle bit – but definately shoot the lawyers – I’m not an idiot.
Whatever happened to writing a letter requesting that they put less personal info on the receipt?
Does this really require a law suit?
There are more important things to worry about, there are companies that still print the complete CC number on the receipt. Then every company stores your CC information in a database forever, this is a bigger risk then an expiration date on a receipt.
I see “ron” got in the first post to bash Edwards. Maybe if Bush et al hadn’t given the country over to corporate profits “ron” would have a job and wouldn’t be here first…
Ever gotten your card back later than expected at a restaurant? If you’re in a shopping center, what stops them from running to a store and picking up a few things with your card?
I am writing this from Miami. This town is loaded with a bunch of litigious, fraudulent, free loaders. I was surprised to read the headline until I saw where the litigants where from.
Let’s also throw in that we are the poorest city in the nation (mostly because of political fraud (yeah we only elect crooks here)) and have the highest medicare fraud rate in the country.
Let’s just hope the judge isn’t on the take either…honestly.
I know most ppl think of South Beach when they think of Miami. But just like N.O.L.A, this place is full of crooks in high places. I am just happy we do not have any levees that we count on during storm season.
Just my $0.02
I wish I had a credit card to go to the Apple store with, then I could get good stuff for no real money and sue Apple’s ass off. Man I love this country!
@Public Interest: You’ve clearly never been to an Apple Store (or at least not bought anything from one).
> Customers don’t have any control over what happens to the retailer’s copy of the receipt.
They don’t print a copy of the receipt for the retailer. If you use a credit or debit card to pay, they don’t even print one for the customer, unless the customer asks for one. Instead, they ask if they want it emailed to the customer.
This lawsuit is ridiculous. Let’s go back in time, find all those receipts that are imprints of the actual credit card, and sue them for printing the entire number and expiration date. Some small retailers still use those imprint devices…
@ Neptune
What’s stopping them from just copying the info and charging up stuff later on Amazon?
“If in violation, than I am all for the lawsuit.”
Nonsense! If in violation, file a complaint so they have to change the practice. Unless somebody can prove that they suffered damage because of this, then their should be no suit….or at least no monetary damages.
The law is intended to avoid having excessive identity information on point-of-sale receipts, which are often thrown away or lost. A “receipt” that appears on your computer screen in your own home when you make an on-line purchase hardly qualifies and clearly wasn’t what Congress had in mind.
The “Breck Girl” Edwards is a hypocrite-pussy. Hillary and Obama are just plain scary. So is Edwards.
@Wendall
And I feel so very safe with any of the Republican wannabees
So just buy an iTunes card with cash and you never have to worry about it.
I wonder when this suit was filed. I just checked an iTunes store receipt from June, when I did an upgrade to DRM-free music. It only shows the last 4 digits of my credit card and no expiration dates. Looking further back, it’s the same for January. Going back to 2005, my receipts only say “Billed to Visa” without any numbers.
Seems like something is amiss…
Ok, I can agree with not putting the expiration date on the receipt. (Somewhat) Question: What maniac with the exception of maybe one 14 year old, freckel faced nerd with ABSOLUTELY NO SOCIAL LIFE is going to go through hundreds of credit card companies to match up the rest of the numbers? And how long with this take without Darpa’s help anyway? Last question and I think you know the answer to it. ARE ALL LAWYERS THIS CLUELESS ABOUT TECHNOLOGY?
Did they even bother to ask Apple to change?
“What?!?!?! Other people might see when my bank card expires?!?!?!?! The horror!!! Nobody is safe!!!”
And what is one of the pieces of information you need to sucessfully use a credit card in an online or phone transaction?
“MJK: You’re clearly an idiot.”
Further, if you start setting fire to things in a mall with a lighter these days, a security guard or cop who thinks you are a terrorist will probably blow you away.
So MJK: go ahead with your brilliant idea, you obviously need to be cleansed from the gene pool.
@c1 [not looking at you directly]… ROTFL.
Start a campaign to make it THE LAW.
I don’t know what the law says about the subject, but if Apple acted against what is said, then Apple should face the consequences of its actions. Sometimes firms act so arrogantly thinking that they can do whatever they want and “if you don’t like it, then sue me”. Well…wishes became reality.
But reading MDN take and some of the comments, I no longer feel strange when Mac users are labeled as a bunch of brainwashed individuals, ‘sect’, ‘cult’ …
When Microsoft does wrong acording to law, then it is pure evil…in the case of Apple it is a conspiracy against it or, simply, something to get some money. Oh well…when will people understand that a firm (whatever its name is) only cares about profits that comes, yes, you guessed right, from your wallet. And it will do whatever it takes to get it. To allow it or not depends on consumers themselves, but people insist on not to see it, or they just don’t want to see it.
Fanatics….well, you can find them no matter the plattform you are using. But in the Mac side, there are the worse I ever know/heard of. Wonder why I’m still a Mac user myself.
Don’t people realize, laws are for other companies, not Apple.
It’s really quite simple, when Apple breaks the law that’s OK because we all like Apple products.
When other companies like Microsoft break the law, then the directors should be locked up or, preferably executed.
Just remember when analysing these kinds of situations, laws are written for other companies to follow, not Apple.
@ UberMacUserFanboy
Thank you, finally some sarcasm that makes sense.
I just bought something from Amazon. Remembering this article I looked at my receipt: last five digits and the expiration date.
When are they going to sue Amazon?
I just bought something from Amazon. Remembering this article I looked at my receipt: last five digits and the expiration date.
When are they going to sue Amazon?
I just bought something from Amazon. Remembering this article I looked at my receipt: last five digits and the expiration date.
When are they going to sue Amazon?
I just bought something from Amazon. Remembering this article I looked at my receipt: last five digits and the expiration date.
When are they going to sue Amazon?
DOH! Only now did I realize this is for the Apple Store, not the iTunes Store. My Apple Store receipts are all fine as well, only showing the last 4 digits and no expiration. These are from 2006 and 2007.
I wonder when this suit was filed. I just checked an iTunes <i>store receipt from June, when I did an upgrade to DRM-free music. It only shows the last 4 digits of my credit card and no expiration dates. Looking further back, it’s the same for January. Going back to 2005, my receipts only say “Billed to Visa” without any numbers.
Seems like something is amiss…
If you reread the article, it states that the purchase was from the Apple Store Online. This receipt was not printed by a retailer, it was printed by the customer himself.
[I already posted this, but apparently no one read it.]
From the FCRA:
Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.
This is from the Senate Judiciary Committee discussing the bill in question:
[A]ddresses the problematic practice of leaving a full credit number and expiration date on a merchant receipt accessible to store personnel. Some retailers already truncate credit and debit card numbers on both the customer and merchant receipts in an effort to protect their customers. SB 1699 simply expands the law requiring card numbers to be taken off of receipts handed to the customer to also require the numbers to be removed from the receipts kept by the merchant.
The FCRA rule covers receipts printed by the “person that accepts credit cards or debit cards for the transaction of business”. Clearly Apple did not do the printing here.
Also, in the discussion, it is clear that the law applies to receipts “handed to the customer” and “accessible to store personnel”. The receipt in question is neither.
To Generic Human, Quad Core, etc.:
Why do all of you assume that initial attempts at corrective action, through letters and complaints, have NOT been filed with Apple prior to the suit? A lot of commenters on this site are sure quick to jump to assumptions about things.
Whether initial complaints were lodged or not, I would think the attorneys filing the class action suit would want to solidify their case by demonstrating willful disregard on the part of Apple, as opposed to just negligence. If correspondence was sent to Apple and ignored, then indeed willful disregard can be argued. No one here knows all the facts though, so why are any of you assuming anything?
Personally, I don’t feel class action suits are the best method of resolving issues…. however, in terms of something as damaging as fraud and identity theft, I will applaud any efforts that will protect my identification.
Texas, cubert, is a large asteroid where people and things are mixed up real bad …an androgenous boy nerd looks on as a dying cowboy sucks the life out of a marlboro ..the nerd can’t look away but gropes in his pocket for his iPhone to call his androgenous girlfriend to tell her that Texas is headed for Earth and there are going to be a lot of tumbleweeds …and a dead cowboy. Not far away the cast of Dallas is investigating the crash site of three illegal aliens. Earth keeps getting bigger in the viewfinder cubert and it’s hard to keep on topic but I hope this answers your question.