Credit And Debit Card Receipt Clarification Act Of 2007
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4008) 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…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4008) 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.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this legislation and to insert extraneous material thereon.
Mr. Speaker, I yield myself as much time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 4008, the Credit and Debit Card Receipt Clarification Act.
I would like to begin by thanking Members of both sides of the aisle for helping bring this commonsense legislation to the floor, including Ranking Member Bachus, Representative Melissa Bean, Michele Bachmann and
many others. I would also like to thank my chairman, Representative Barney Frank, and his staff for their efforts in bringing this important piece of legislation to the floor.
Mr. Speaker, in 2003 Congress passed the Fair and Accurate Credit Transactions Act, the FACT Act, to ensure that Americans could continue to rely on the efficiencies of the 21st century financial and credit system while being protected from identity theft, credit card fraud and other financial crimes.
This important law has given consumers new and important rights. For example, the FACT Act provides consumers with the right to obtain one free copy of their credit record from each of the three major credit bureaus every 12 months. In addition, this legislation created the Financial Literacy and Education Commission to better help Americans understand and manage their finances.
One provision in the FACT Act was intended to enhance consumer protection from credit card fraud by limiting the amount of information printed on receipts from a credit card or debit card transaction. Today, when consumers go into a convenience store, restaurant or retailer, they will notice that their credit card receipt does not contain the full credit card number. This small but important change to their credit card receipts helps prevent criminals from obtaining the receipt and using it to make fraudulent purchases.
Unfortunately, this provision, as drafted, has caused a great deal of confusion and is now at the center of hundreds of lawsuits all over the country. Specifically, it required that ``no person that accepts credit cards or debit cards for the transaction of business shall print more than the last five digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.'' The overwhelming majority of businesses believed that they were in compliance with this provision of the law by truncating the card number and printing the expiration date of the credit card.
Furthermore, the publicity surrounding the passage of the act, whether it was press accounts of the President's statement at the signing of the subsequent Federal Trade Commission press release describing the new requirements of the bill, pointed entirely to the truncation of the credit card number.
I would like point out that experts agree that the truncation of the card number, by itself, regardless of whether or not the expiration date was redacted from the receipt, removes the single most crucial piece of information that a criminal would need to perpetrate account fraud.
I can understand the shock that many of these businesses must have felt when, thinking that they had taken all the steps necessary to protect their customers and comply with the law, they were later served notice of a pending class action lawsuit against them accusing them of violating the FACT Act because they had failed to redact the expiration date in addition to truncating the credit card number.
When you consider that the law levies between a $100 and $1,000 fine for each credit card receipt, the amount of liability threatens to bankrupt healthy, successful businesses.
While most, if not all these companies, have quickly resolved the issue by instructing their point-of-sale vendors to also redact the expiration date, they continue to face these lawsuits. Not only have these lawsuits been filed against large corporations, they have been filed against small businesses.
Last month I was contacted by Arthur Cullen. Mr. Cullen and his wife, Nieves, are the owners of Havana Harry's Restaurant in south Florida. Mr. Cullen states in his letter that he and his wife began his business with a dream and some savings.
Today, Havana Harry's employs 75 people and serves more than 4,000 people on a weekly basis. Like so many others, Mr. Cullen believed he was complying with the FACT Act by truncating the credit card number. Unfortunately, a lawsuit was filed against his business because he also failed to delete the expiration date. As a result of the lawsuit, Mr. Cullen is concerned about the future of Havana Harry's.
My legislation is designed to provide relief to people like Mr. Cullen, proud entrepreneurs and small business owners, who did everything they thought was necessary to comply with the FACT Act.
H.R. 4008 makes a technical correction to the FACT Act to free hundreds of businesses from potential exposure to statutory damages that could total hundreds of millions or even billions of dollars solely because of their past harmless failure to redact the expiration date from an otherwise FACT Act complaint receipt.
Let me be clear, not one of these suits has alleged any harm to the consumer. In the event that a consumer does experience identity theft, account fraud, or some other harm, my legislation preserves a consumer's right to sue.
Finally, H.R. 4008 does not eliminate a business' obligation to properly truncate the account number or to redact the expiration date from its receipts, and it does not protect merchants who printed more than the account number permitted by the FACT Act.
With a struggling economy in Florida and across America, the last thing businesses and consumers need are lawsuits that needlessly drive up costs. These abusive lawsuits will likely result in higher prices to the public and could even result in bankruptcies and more job losses.
I urge all of my colleagues to join me in voting ``yes'' for this commonsense fix to a problem that has the potential to put out of business thousands of successful businesses which will ultimately hurt, rather than protect, consumers.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield to my distinguished colleague and friend from Illinois (Ms. Bean) as much time as she may consume.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I would like to thank Chairman Frank, Ranking Member Bachus and my cosponsors, Congresswomen Bachmann, Biggert and Bean, who helped me with this legislation, and 48 others who stood up for small businesses who are, right now, concerned about their viability as they are faced with the specter of a frivolous lawsuit.
I would just say that time is running out. I also would like to thank Senator Schumer for dropping the corresponding legislation in the Senate and I ask my Senate colleagues to act quickly because small businesses need relief immediately.
Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.