10.  Here, Plaintiff alleges that Defendant recklessly violated FACTA by  failing to comply with the truncation requirement, specifically by printing more  than the last five digits of credit and debit cards.    11.  Defendant invaded the privacy of Plaintiff and other class members by  printing their protected, private information on receipts and permitting Defendant’s  employees access to that private information.   12.  Defendant also imposed an unnecessary risk of identity theft, and a  burden of vigilance to make certain identity thieves did not take advantage of  Defendant’s reckless actions, wasting Plaintiff’s time.    13.  Plaintiff brings this action against Defendant based on Defendant’s  violation of 15 U.S.C. §1681p et seq. Plaintiff seeks class-wide statutory damages,  attorneys’ fees, costs, and such other relief as the Court deems proper, including  punitive damages when the evidence shows them appropriate.  19.  FACTA’s final truncation requirement went into effect on December 4,  2006.   20.  On April 12, 2016 and May 25, 2016, more than 9 years after the  truncation requirement became effective, Plaintiff purchased meals at the Luby’s  Cafeteria located at 3434 Hwy 6 South, Sugarland, Texas, 77478.   21.  Plaintiff used his VISA debit card to pay for the meals.   22.  The debit card Plaintiff used is a VISA card.   24.  The receipt that Plaintiff received did not display in printed text the  type of card that was used (e.g., “VISA”).    25.  Subsequently, Plaintiff noticed that the subject receipt was not  26.  Plaintiff has been required to check his debit card bank statements  and his credit report to confirm that he was not the victim of identity theft –  causing Plaintiff unnecessary stress and wasting Plaintiff’s time.  27.  Plaintiff brings this action on behalf of a class pursuant to  Fed.R.Civ.P.23(a) and (b)(3).   28.  The class is defined as:   All persons to whom Luby’s provided an electronically-printed receipt  at the point of a sale or transaction after the applicable statutory  deadline (after December 4, 2006 for machines in use before January 1,  2005 or immediately for machines first used after January 1, 2005) and  which receipt displayed more than the last five digits of the purchaser’s  credit card or debit card number.   29.  On information and belief, the class is so numerous that joinder of all  individual members in one action would be impracticable. The proposed class  includes more than 100 persons.1   31.  Plaintiff’s claims are typical of the claims of the other class members.  Every class member’s claims are based on the same legal theories and arise from  the same unlawful and reckless conduct.   32.  Plaintiff will fairly and adequately represent the class members.  Plaintiff has no interests that conflict with the interests of the class members.  Plaintiff has retained experienced counsel.   33.  A class action is superior to other available methods for the fair and  efficient adjudication of the claims of class members. Individual actions are  economically unfeasible and impractical.  40.  Defendant knew or should have known of FACTA’s truncation  requirement.   42.  For example, in response to earlier state legislation enacting a similar  truncation requirement, on March 6, 2003, the CEO of Visa USA, Carl Pascarella,  explained that “Today, I am proud to announce an additional measure to combat  identity theft and protect consumers. Our new receipt truncation policy will soon  limit cardholder information on receipts to the last four digits of their accounts.   The card’s expiration date will be eliminated from receipts altogether…. The first  phase of this new policy goes into effect July 1, 2003 for all new terminals….” “Visa  USA Announces Account Truncation Initiative to Protect Consumers from ID Theft;  Visa CEO Announces New Initiative at Press Conference with Sen. Dianne  Feinstein,” PR Newswire, March 6, 2003.   43.  Within 24 hours, MasterCard and American Express announced that  they were imposing similar requirements.   44.  The card issuing organizations started requiring compliance with  46.  Defendant accepts Visa cards and on information and belief is a party  to a contract requiring compliance with the above-quoted requirement.   47.  On July 9, 2003, L. Richard Fischer of VISA USA presented a  statement to the House Committee on Financial Services supporting the truncation  requirements of what ultimately became FACTA. Mr. Fischer stated:  Although Visa generally believes that the details of preventing  identity theft should be left to financial institutions that are best  suited to address ever evolving fraud techniques, Title II could  provide important benefits  to consumers and financial institutions  alike by establishing workable identity theft provisions and ensuring  that  these  provisions  benefit  from  national  uniformity. For  example, Section 203 of Title II would prohibit any merchant or  other entity that accepts credit cards and debit cards from printing  more than the last four digits of the card account number or the  expiration date upon receipts provided to cardholders at the point of  sale.   48.  The Office of Thrift Supervision of the Treasury Department (the  “OTS”) is responsible for, inter alia, compliance with FACTA by federal savings  banks. Toward this end, the OTS publishes an Examination Handbook for OTS field  personnel to use when they perform an examination, or compliance audit, of a given  financial institution.  The February 2006 edition of the Handbook states:  Truncation of Credit and Debit Card Account Numbers  Ensure that electronically generated receipts from ATM and POS  terminals or other machines do not contain more than the last five  digits of the card number and do not contain the expiration dates.   50.  In 2006, Heartland broadly disseminated a second pamphlet including  the following statement:  Make every transaction a safe one. ****  •  The cardholder’s receipt should not include the card’s expiration  date and should only include the last 4 or 5 digits of the card  number. ****   51.  Commerce Bank, another credit card processor, sent “Merchant  Compliance Awareness” notices to its customers during 2004. Those notices stated  that all but the last four digits of the cardholder’s account number and the entire  expiration date must be suppressed from and not displayed on the receipt.   52.  The Winter 2007 edition of Texas Business Today featured an article  titled “An Introduction to the Fair and Accurate Credit Reporting Act [FACTA]”  What Business Owners Must Know Now.” A bullet entry in the Overview section  states, “Businesses must leave off all but the final five digits of a credit card number  on electronically printed store receipts as of December 1, 2006.”   54.  In the April 23, 2003 edition of the monthly magazine for the National  Association of Convenience Stores, an article titled “Visa USA Targets Identity  Theft” appeared, and included the following statement:  [A]t a press conference held last month with Sen. Dianne Feinstein  (D-CA), Visa announced its account truncation security policy.  This  protects consumers from identity theft by limiting cardholders’  information on receipts to the last four digits of their accounts. The  policy will also eliminate the card’s expiration date from receipts  altogether.  Feinstein has introduced legislation to combat identity  theft.   55.  The April 2005 edition of the Food Industry Advisor, the newsletter for  the Pennsylvania Food Merchants Association and Pennsylvania Convenience Store  Council, included an article regarding FACTA’s truncation requirements and  including the following language:  [A]ccording to the FACTA Act, no person that accepts credit cards or  debit cards for the transaction of business shall print more than the  last 5 digits of the card number or the expiration date upon any receipt  provided to the cardholder at the point of sale or transaction….  The same article appeared in the April 2005 Edition of the NACS Magazine,  published by the National Association of Convenience Stores.   57.  After FACTA’s enactment, the Wisconsin Restaurant Association  issued a “Credit Card Transaction” Alert to its members, which stated:  You may have been hearing about credit card truncation lately. This is  what you need to know.  Credit card truncation removes all but the last four (or five) digits of a  credit card account number and the expiration date from the sales  receipt.  For example: A non-truncated receipt would list:  Acct. # 1234 5678 7654 3210 Exp. 10/05  while a truncated receipt would show:  Acct. #: **** **** **** 3210 Exp **** ….  The federal Fair and Accurate Credit Transaction Act of 2003,  prohibits any person that accepts credit cards or debit cards from  printing expiration date and more than the last five digits of the  card number upon any terminal-generated receipt provided to the  cardholder at the point of sale….   58.  An article appeared in the January 2005 edition of the Massachusetts  Restaurant Association Newsletter notifying Association members that both Visa  and MasterCard require truncation of the entire expiration date and all but the last  four digits of the cardholder account number.   59.  Similar information was disseminated by the Ohio Restaurant  Association, the Oklahoma Restaurant Association and a significant number of  other restaurant trade associations and retail merchant trade associations.   61.  The Independent Insurance Agents & Brokers of America circulated a  report to its members dated June 5, 2005 titled: “Overview of the Fair Credit  Reporting Act, the Fair and Accurate Credit Transactions Act, and the Drivers  Privacy Protection Act.” In relevant part, this publication stated:  Under the FACTA Act, businesses and others accepting credit or  debit cards for payment may not print more than the last five digits of  the card number nor may they print the expiration date upon any  receipt provided to the cardholder at the point of sale.   62.  The November 18, 2004 edition of the Compliance Challenge,  published by the Credit Union National Association News, stated, “FACTA  prohibits anyone that accepts credit/debit cards to print more than the last 5 digits  of the card number or expiration date on any receipt at the point of sale or  transaction….”   64.  Credit and debit card account numbers are not randomly generated.  Instead, account numbers reflect an internal coding scheme set forth by the  International Organization for Standardization (“ISO”) 7812, which defines the  content in the cards’ magnetic strips. Consistent with this standard, every credit  card number consists of the following: (a) a single digit Major Industry Identifier  (“MII”); (b) an issuer identification number (“IIN”); (c) a number unique to the card;  and (d) a check digit.   65.  The MII identifies the industry of the issuer of the card.   66.  The IIN consists of the first six digits of the card number and identifies  the specific issuer of the card.   67.  The seventh through next to the last digits, up to a maximum of 12  digits, are the numbers unique to the card.   68.  The last digit is a “check digit” that is not randomly assigned, but  instead calculated by a defined algorithm.  Therefore, the “check digit” is derivative  of the other numbers in the credit card number.   70.  The FTC issued rules governing interpretation of FACTA, including  the following:  According to the federal Fair and Accurate Credit Transaction Act  (FACTA), the electronically printed credit and debit card receipts you  give your customers must shorten – or truncate – the account  information.  You may include no more than the last five digits of the  card number, and you must delete the card’s expiration date. For  example, a receipt that truncates the credit card number and deletes  the expiration date could look like this:  73.  Defendant made known to its staff and possibly others Plaintiff’s  private credit card information, violating Plaintiff’s right of privacy. Stated  differently, by publishing Plaintiff’s private credit card information to Defendant’s  staff and possibly others, Defendant violated Plaintiff’s right of privacy. Defendant  similarly violated the privacy rights of the other class members.   74.  Defendant also burdened Plaintiff with the obligation to consistently  check whether receipts created by Defendant’s point-of-sale devices were FACTA- complaint.   76.  Defendant  also  wrongfully  transferred  its  responsibility  for  safeguarding Plaintiff’s financial information to Plaintiff, requiring that Plaintiff  adequately protect or fully destroy the receipt.   77.  Defendant recklessly disregarded FACTA’s requirements by continuing  to employ improperly programmed machines, that print receipts in violation of  Plaintiff’s debit card number.   debit cards up to three years to comply with its requirements, mandating  compliance for all machines no later than December 4, 2006.   use before January 1, 2005, must have been brought into full compliance before  December 4, 2006; and (2) machines first used after January 1, 2005 were required  to fully comply immediately.  