11.  On information and belief, it is possible to replicate a card number using the last  four digits of the card number and the expiration date.  12.  Plaintiff brings this action on behalf of a Class pursuant to Fed. R. Civ. P. Rule  23(a) and (b)(3).   13.  The Class is defined as: All persons to whom Defendant provided an  electronically printed receipt at the point of sale or transaction, in a transaction occurring at the  Nicolet Restaurant after June 3, 2008, which receipt displays the expiration date of the person’s  credit card or debit card.  Excluded from the Class are Defendant, and its respective officers,  employees, and attorneys.   14.  The Class is so numerous that joinder of all individual members in one action  would be impracticable.  For several years, Defendant has been open and serving customers  seven days each week, and Defendant describes its restaurant as a “local favorite.”1  Therefore, it  is reasonable to assume that there are more than 50 alleged FACTA violations at issue.   15.  Plaintiff’s claims are typical of the claims of the Class members.  All are based on  the same legal theories and arise from the same unlawful, negligent, reckless and/or willful  conduct.   17.  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.   18.  A class action is superior to other available means for the fair and efficient  adjudication of the claims of the Class members.  Individual actions are not economically  feasible.  25.  On information and belief, Defendant knew of the requirement concerning the  truncation of credit and debit card numbers and prohibition on printing of expiration dates, but  continued to print the expiration dates anyway.   26.  On information and belief, VISA, MasterCard, American Express, the PCI  Security Standards Council – a consortium founded by VISA, MasterCard, Discover, American  Express and JCB – companies that sell cash registers and other devices for the processing of  credit or debit card payments, and other entities informed Defendant about FACTA, including its  specific requirements concerning the truncation of credit card and debit card numbers and  prohibition on the printing of expiration dates, and Defendant’s need to comply with the same.   27.  The truncation requirement was widely publicized among retailers.   28.  In May 2007, the Federal Trade Commission issued a business alert informing  businesses that they, “must delete the [credit and debit] card’s expiration date” and for example,  a receipt that truncates the credit card number and deletes the expiration date could look like this:  37.  The document further advises merchants to:  Disguise or suppress all but the last four digits of the PAN, and suppress  the full expiration date, on the cardholder’s copy of a transaction receipt  created at a point of sale (POS) terminal or an ATM (already required for  merchants in the U.S., Europe, and CEMEA; Visa will apply this rule  across all regions in the near future to provide global consistency).    Example: XXXXXXXXXXXX1234 for the PAN and XXXX for the expiration  date.   39.  MasterCard’s Security Rules and Procedures contain a section entitled “Primary  Account Number Truncation and Expiration Date Omission.”  As of July, 2008, that section  states that expiration dates must be omitted from cardholder receipts effective October 1, 2008.   40.  MasterCard’s Cirrus Worldwide Operating Rules contained a section entitled  “Requirements for Transaction Receipts.”  Beginning in June, 2008, that section contained a  subsection that states that expiration dates must be omitted from cardholder receipts effective  October 1, 2008.   41.  Discover’s Merchant Operating Regulations, beginning in at least October, 2007,  stated:  Each party shall be responsible for performing its obligations hereunder in  compliance with all Requirements of Law applicable to the subject  matter of your Agreement and these Operating Regulations, Card  Transactions, and each of the parties to your Agreement shall be  responsible for ensuring that each of its respective Agents comply with all  such applicable Requirements of Law in addition to any Requirements  of Law directly applicable to the Agent.  You are solely responsible for  compliance with all Requirements of Law in connection with all  activities conducted by you pursuant to your Agreement and these  Operating Regulations.   42.  Importantly, Discover’s Merchant Operating Regulations define “Requirements of  Law” to include “the Fair Credit Reporting Act as amended by the Fair and Accurate Credit  Transactions Act.”   44.  Upon information and belief, in or about October, 2010, 2011, 2012, 2013, and  2014, American Express provided notice to Nicolet Restaurant pertaining to the FACTA  truncation requirements by mailing a copy of “American Express Merchant Regulations – U.S”  to the Defendant.  These regulations require Nicolet Restaurant to:  Provide a copy of the Charge Record to the Cardmember. Pursuant to  applicable law, truncate the Card Number and do not print the Card’s  Expiration Date on copies of Charge Records delivered to Cardmembers.  These regulations also contain a picture of an exemplar credit card receipt that is properly  truncated, as follows:  “XXXX XXXXXXX 2001”.   46.  Defendant accepts Visa, MasterCard, Discover, and American Express cards, and  is required to comply with the foregoing merchant rules and regulations by virtue of its  acceptance of these credit and debit cards.   47.  Defendant, as a merchant in the payment card system from the time it began  accepting credit and debit cards, is aware of the importance of the card operating regulations of  Visa, MasterCard, Discover, and American Express, and is aware that it is bound by them.  By  participating in the payment card system, Defendant necessarily represents to all other  participants that it understands the importance of the card operating regulations of Visa,  MasterCard, Discover and American Express, and that it will be complying with them.  For the  payment card system to function properly as a whole, it was essential for Defendant to comply  with the card operating regulations of Visa, MasterCard, Discover and American Express.   48.  Defendant knew of the card operating regulations of Visa, MasterCard, Discover  and American Express, and Defendant knew that it had to comply with them.  All of these  regulations specifically informed Defendant of FACTA’s truncation requirements.   49.  Most of Defendant’s business peers and competitors readily brought their credit  card and debit card receipt printing process into compliance with FACTA by, for example,  programming their card machines and devices to prevent them from printing the expiration date  of the card upon the receipts provided to the cardholders.  Defendant could have readily done the  same.   debit cards up to three years to comply with its requirements, requiring compliance for all  machines no later than December 4, 2006.  