PUBLIC LAW 110–241—JUNE 3, 2008 122 STAT. 1565 

Public Law 110–241 

110th Congress 

An Act 

To amend the Fair Credit Reporting Act to make technical corrections to the 

definition of willful noncompliance with respect to violations involving the printing 

of an expiration date on certain credit and debit card receipts before the date 

of the enactment of this Act. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Credit and Debit Card Receipt 

Clarification Act of 2007’’. 

SEC. 2. FINDINGS; PURPOSE. 

(a) FINDINGS.—The Congress finds as follows: 

(1) The Fair and Accurate Credit Transactions Act (commonly referred to as ‘‘FACTA’’ ) was enacted into law in 2003 

and 1 of the purposes of such Act is to prevent criminals 

from obtaining access to consumers’ private financial and credit 

information in order to reduce identity theft and credit card 

fraud. 

(2) As part of that law, the Congress enacted a requirement, 

through an amendment to the Fair Credit Reporting Act, that 

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 card holder at the point of the sale or transaction. 

(3) Many merchants understood that this requirement 

would be satisfied by truncating the account number down 

to the last 5 digits based in part on the language of the 

provision as well as the publicity in the aftermath of the passage of the law. 

(4) Almost immediately after the deadline for compliance 

passed, hundreds of lawsuits were filed alleging that the failure 

to remove the expiration date was a willful violation of the 

Fair Credit Reporting Act even where the account number 

was properly truncated. 

(5) None of these lawsuits contained an allegation of harm 

to any consumer’s identity. 

(6) Experts in the field agree that proper truncation of 

the card number, by itself as required by the amendment 

made by the Fair and Accurate Credit Transactions Act, regardless of the inclusion of the expiration date, prevents a potential 

fraudster from perpetrating identity theft or credit card fraud. 

(7) Despite repeatedly being denied class certification, the 

continued appealing and filing of these lawsuits represents 

15 USC 1681n 

note. 

15 USC 1601 

note. 

Credit and Debit 

Card Receipt 

Clarification Act 

of 2007. 

June 3, 2008 

[H.R. 4008] 

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122 STAT. 1566 PUBLIC LAW 110–241—JUNE 3, 2008 

LEGISLATIVE HISTORY—H.R. 4008: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

May 13, considered and passed House. 

May 20, considered and passed Senate. 

Æ 

a significant burden on the hundreds of companies that have 

been sued and could well raise prices to consumers without 

corresponding consumer protection benefit. 

(b) PURPOSE.—The purpose of this Act is to ensure that consumers suffering from any actual harm to their credit or identity 

are protected while simultaneously limiting abusive lawsuits that 

do not protect consumers but only result in increased cost to business and potentially increased prices to consumers. 

SEC. 3. CLARIFICATION OF WILLFUL NONCOMPLIANCE FOR ACTIONS 

BEFORE THE DATE OF THE ENACTMENT OF THIS ACT. 

(a) IN GENERAL.—Section 616 of the Fair Credit Reporting 

Act (15 U.S.C. 1681n) is amended by adding at the end the following 

new subsection: 

‘‘(d) CLARIFICATION OF WILLFUL NONCOMPLIANCE.—For the purposes of this section, any person who printed an expiration date 

on any receipt provided to a consumer cardholder at a point of 

sale or transaction between December 4, 2004, and the date of 

the enactment of this subsection but otherwise complied with the 

requirements of section 605(g) for such receipt shall not be in 

willful noncompliance with section 605(g) by reason of printing 

such expiration date on the receipt.’’. 

(b) SCOPE OF APPLICATION.—The amendment made by subsection (a) shall apply to any action, other than an action which 

has become final, that is brought for a violation of 605(g) of the 

Fair Credit Reporting Act to which such amendment applies without 

regard to whether such action is brought before or after the date 

of the enactment of this Act. 

Approved June 3, 2008. 

15 USC 1681n 

note. 

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