Happiness is not a Fresh Baguette: Failure to Redact Expiration Date Insufficient to Create Standing under FACTA
Happiness is not a fresh baguette…at least not for one FACTA plaintiff. In Crupar-Weinmann v. Paris Baguette America, Inc., the Second Circuit, in line with the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), affirmed the District Court’s dismissal of plaintiff’s complaint with prejudice. The Second Circuit held that while Paris Baguette’s failure to redact the expiration date of plaintiff’s credit card number was a technical violation of the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”), by itself, that violation did not result in an injury sufficient to confer Article III standing.
FACTA’s primary purpose is to lessen the risk of credit card fraud and identity theft by regulating how consumer account data is handled. Recognizing this purpose, the Second Circuit utilized Congress’ clarification of FACTA through the Credit and Debit Card Receipt Clarification Act of 2007 by highlighting that “[e]xperts in the field agree that proper truncation of the card number . . . regardless of the inclusion of the expiration date, prevents a potential fraudster from perpetrating identity theft or credit card fraud.” Other than Paris Baguette’s technical violation of FACTA, the plaintiff was unable to plead that the inclusion of her credit card expiration date caused a specific, non-speculative injury that increased the chances that her identity would be compromised.
While the Second Circuit dismissed plaintiff’s complaint as a “bare procedural violation of FACTA, the Court left open the possibility that a different “bare procedural violation” of FACTA, where a plaintiff could demonstrate a concrete injury or the potential for a concrete injury, may still be actionable.
Related Capabilities
Featured Insights

Press Release
Apr 30, 2026
Six-Attorney Team Joins Hinshaw’s Consumer Financial Services Group

In The News
Apr 29, 2026
Lauren Campisi Featured in the 20th Anniversary of Louisiana Super Lawyers Magazine

In The News
Apr 28, 2026
Matt Henderson Provides Media Insights as Conflict of Interest Lawsuits Target Law Firms

In The News
Apr 28, 2026
Akeela White Analyzes US House Hearing on Credit Reporting Compliance Reforms

In The News
Apr 24, 2026
Michael Dowell Reviews New PBM Reform Reshaping Pharmacy Reimbursement

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026



