H. R. 4008 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 
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 (com-
monly 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 trans-
action of business shall print more than the last 5 digits of 
the card number or the expiration date upon any receipt pro-
vided 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 pas-
sage 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, regard-
less 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
H. R. 4008—2 
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 con-
sumers 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 busi-
ness 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 pur-
poses 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 sub-
section (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. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.