AMC Movie Theater Class Action Lawsuit Complaint Over Credit Card Receipt Truncation Revived On Appeal By The Ninth Circuit Court of Appeals.
The United States Court of Appeals for the Ninth Circuit (in an appeal styled Bateman v. American Multi-Cinema, Inc., Appeal No. 09-55108) has reversed a lower court’s denial of class certification of a class action lawsuit filed against American Multi-Cinema, Inc. (“AMC Theatres” or AMC” or “Defendant”) alleging, among other things, that AMC Theatres violated the Fair and Accurate Credit Transactions Act (“FACTA”) by printing more than the last five digits of consumers’ credit or debit card numbers on electronically printed receipts in December 2006 and January 2007 from its automated box offices, according to class action lawsuit news reports.
The AMC Movie Theater credit card receipt truncation class action lawsuit complaint was reportedly brought on behalf of a class of individuals who, between December 4, 2006, and January 29, 2007, had used a credit card or debit card to purchase a movie ticket from an automated box office at an AMC theater and who received a receipt that included the first four and last four digits of the person’s credit/debit card number.
The district court reportedly denied the plaintiff’s motion for class certification concluding that plaintiff had failed to demonstrate that a class action would be superior to other available methods of adjudicating his claim, as required under Federal Rule of Civil Procedure 23(b)(3) since class treatment could result in enormous liability completely out of proportion to any harm suffered by the plaintiff and because AMC demonstrated good faith by complying with FACTA within a few weeks of the filing of AMC class action lawsuit complaint.
The U.S. Court of Appeals for the Ninth Circuit reportedly held that the district court abused its discretion in denying class certification against AMC since neither the disproportionality between the potential liability and the actual harm suffered, the enormity of the potential damages, nor AMC’s good faith compliance justified the denial of class certification on superiority grounds.
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