NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2662-18T1 ELLEN BASKIN, KATHLEEN O'SHEA, and SANDEEP TRISAL, on behalf of themselves and all APPROVED FOR PUBLICATION others similarly situated, March 2, 2020 Plaintiffs-Appellants, APPELLATE DIVISION v. P.C. RICHARD & SON, LLC, d/b/a P.C. RICHARD & SON, and P.C. RICHARD & SON, INC., d/b/a P.C. RICHARD & SON, Defendants-Respondents. ______________________________ Argued January 22, 2020 – Decided March 2, 2020 Before Judges Yannotti, Hoffman and Firko. On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Docket No. L-0911-18. Chant Yedalian (Chant & Company) of the California Bar, admitted pro hac vice, argued the cause for appellants (Lite De Palma Greenberg LLC, and Chant Yedalian, attorneys; Bruce Daniel Greenberg and Chant Yedalian, on the briefs). William Stephen Gyves argued the cause for respondents (Kelley Drye & Warren LLP, attorneys; William Stephen Gyves, Glenn T. Graham, and Robert Nicholas Ward, on the brief). The opinion of the court was delivered by FIRKO, J.A.D. Plaintiffs Ellen Baskin, Kathleen O'Shea, and Sandeep Trisal commenced this putative class action matter, asserting claims against defendants, P.C. Richard & Son, LLC and P.C. Richard & Son, Inc., 1 under the Fair and Accurate Credit Transactions Act (FACTA) of 2003, 15 U.S.C. §§ 1681 to 1681x, which prohibits retailers who accept credit or debit cards from printing more than the last five digits of the card number or expiration date upon any receipt. We affirm the trial court's order finding that plaintiffs failed to establish that a class action was the superior means to resolve the claims, as required by Rule 4:32-1(b)(3). We also affirm the trial court's order insofar as it dismissed the claims advanced by O'Shea and Trisal because they are New York residents and their claims arise out of sales transactions that occurred in New York. However, we reverse and remand the dismissal of the complaint as to Baskin because she is a New Jersey resident and her individual claim arises out of a transaction that occurred in this State. 1 We refer to P.C. Richard & Son, LLC and P.C. Richard & Son, Inc. collectively as "defendants." A-2662-18T1 2 I. We discern the following facts from the motion record. O'Shea and Trisal initially filed their complaint as a class action lawsuit in the Southern District of New York in 2015. 2 The New York complaint alleged O'Shea and Trisal received receipts from one of defendants' New York stores around November 17, 2013 and on May 2, 2016 respectively, which included their credit or debit card's expiration dates and the last four digits 3 of their card numbers in violation of FACTA. O'Shea and Trisal claimed defendants' FACTA violations were willful because defendants: 1) knew of and were well informed about the law; 2) were informed by other entities of FACTA's truncation requirements and the prohibition on expiration dates; 3) knew their electric receipt printing equipment was outdated, but [decided to forgo] proper ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals