Microsoft has settled a class-action lawsuit regarding sales at its Microsoft Store outlets. And if you made a purchase at one of those stores, you might be owed as much as $100.
The lawsuit alleged that Microsoft Store receipts contained too much information. The lead plaintiff’s receipt listed the buyer’s name, the name of the salesperson and the first six and last four digits of the buyer’s payment card number—more than half the numbers on the card.
According to the 2003 U.S. Fair and Accurate Credit Transactions Act (FACTA), retailers may print only the last five numbers of a payment card on the receipt. Retailers had until 2006 to comply with this restriction, and the Microsoft Stores are much newer than that.
Lead plaintiff Carlos Guarisma claimed Microsoft violated FACTA and alleged Microsoft’s non-compliance with the law put him and others at the increased risk of identity theft. He asked the judge in the case to grant conditional class certification and preliminary approval of the settlement and to schedule a fairness hearing, according to Law360 (registration required).
The settlement would provide up to $100 to consumers in exchange for releasing Microsoft from any claims potentially arising from the alleged receipt violations, according to Guarisma’s motion for preliminary approval.
Microsoft corrects POS software
In addition to everything else, Guarisma told the court that the case prompted Microsoft to correct the issue in its point-of-sale software.
A Microsoft spokesperson said the problem was indeed fixed:
“This was a technical bug that we immediately fixed when it was brought to our attention. We’re pleased this matter is resolved and are committed to protecting our customers,” the spokesperson said.
Guarisma noted that while the money is only a fraction of what class-action participants could get, during the discovery process it was revealed that the violations took place over the course of only a few weeks, Microsoft had no track record of prior violations, and it promptly corrected the issue.
Guarisma said he noticed all of the information on the receipt after making a purchase from a Microsoft Store in Florida in November 2015. Even though the information on receipts was done only over a short period, individuals who made a credit card purchase at the Microsoft Store between November 2013 and February 24, 2017, may be able to claim up to $100 if they come forward to complain.
Microsoft sought to have the suit dismissed, claiming the court lacked subject matter jurisdiction over the case, since Guarisma couldn’t show he suffered an injury-in-fact—because he didn’t actually experience any identity theft from the printed receipt. The company also said Guarisma had to arbitrate his claims due to a warranty printed on the receipt and product he bought. The judge denied Microsoft’s request last year.
Source: www.networkworld.com
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