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For the LawyersCredit card customer does not have to show identity theft to sue for violation of state credit card disclosure law. The Massachusetts Supreme Court held a credit card customer was not required to show that she was the victim of identity theft in order recover damages for a retailer’s violation of a state law prohibiting the disclosure of personal information on transaction forms. The plaintiff made several credit card purchases at a store in Massachusetts that is part of the defendant’s retail chain. In each transaction, the plaintiff provided her ZIP code as requested by a cashier. The plaintiff filed a class action in federal court, alleging that the defendant’s practice of requesting and recording customer ZIP codes violated a Massachusetts privacy statute that prohibits the recording of a card holder’s “personal identification information” in credit card transactions. The district court dismissed, finding no injury. The supreme court held that a plaintiff may bring an action for violation of the privacy statute without having to show identity theft.
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