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

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida

Employment Law Observer
Dec 8, 2025
12 Days of California Labor and Employment: 2025 Year in Review



