Nixon Peabody secures victory for multiple retail clients in Fair and Accurate Credit Transactions Act case

December 27, 2015

Court grants defendants' motions to dismiss for lack of jurisdiction

Chief Communications Officer
Allison McClain

New York, NY. In one of the few opinions in the Eastern District of Pennsylvania to dismiss on the basis of the new test for corporate personal jurisdiction announced by the Supreme Court in Daimler AG v. Bauman, 134 S. Ct. 746, 754 (2014), a district court judge has issued an order in Campbell v. Fast Retailing USA, Inc., granting all moving defendants’ motions to dismiss for lack of jurisdiction. See Campbell v. Fast Retailing USA, Inc., No. 2:14-cv-06752-MSG (E.D. Pa. Dec. 22, 2015).

The putative class action lawsuit in Campbell, begun against a number of the United States subsidiaries of one of the world’s largest fashion retailers, centers on alleged violations of the Fair and Accurate Credit Transactions Act, or “FACTA.” The defendants included Fast Retailing USA, Inc., UNIQLO USA LLC, UNIQLO California LLC, UNIQLO Connecticut LLC, UNIQLO Massachusetts LLC, UNIQLO New Jersey LLC, and UNIQLO Pennsylvania LLC. All defendants except the Pennsylvania company moved to dismiss, a motion the court granted in full without prejudice.

FACTA added sections to the federal Fair Credit Reporting Act (see 15 USC 1681 et seq.), intended primarily to make sure that companies do not willfully create circumstances causing identity theft. The disgruntled plaintiff alleged that a UNIQLO store in Pennsylvania associated with defendants had violated FACTA by printing more than five digits of her credit card number on her sales receipt.

Nixon Peabody LLP represented Fast Retailing and its UNIQLO subsidiaries. The legal team was led by partner Christopher M. Mason, along with partner Craig R. Tractenberg and associate Leah Threatte Bojnowski.

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