Perhaps we should have seen this one coming: Gerald D. Wells Jr. of Bucks County and Jennifer Ehrheart of Lawrence County have filed a lawsuit in U.S. District Court in Philadelphia accusing the owner of
Carrabba’s Italian Grill, a Florida-based chain, of printing too many numbers from their credit card on the receipt for their restaurant tab. That allegedly exposed the Pennsylvania diners to losses from “dumpster divers” and “identity thieves," in violation of the federal Fair and Accurate Credit Transactions Act, which is designed to protect consumers against identity theft. (
Download the complaint). The chain owner,
OSI Restaurant Partners Inc. of Tampa, which also owns Outback Steakhouse, disclosed the lawsuit in
an SEC filing today in conjunction with a $3.18 billion offer from equity firms to take the company private. The lawsuit filed in April seeks unspecified damages and class-action status. There's no reference to actual losses, only to exposure to potential losses or theft. It says Wells and Ehrheart dined at Carrabba's Italian Grills (not clear if they dined together at the same place, or separately at different spots). After they paid with a credit card, they got back a receipt containing more than the last five digits of their cards and the expiration date. That could make them vulnerable to potential identity theft if the printouts are found, the suit claims:
"Many identity thieves, commonly known as 'carders', further their stealthy trade by gleaning information from lost, discarded or stolen credit/debit receipts, including credit card numbers and expiration dates. Some theives, commonly known as 'dumpster divers', sift through trash in search of discarded receipts."
No comment from OSI. The judge is Thomas N. O'Neill Jr. The plaintiff attorneys are listed as Gary F. Lynch of New Castle, Del., and Edward W. Ciolko, Joseph Meltzer and Joseph Weeden of Schiffin Barroway Topas & Kessler LLP in Radnor, Pa.
-- Jonathan Berr and Thomas Ginsberg
