SPRINGFIELD, Ill. (WAND) — Walgreens appeared before the Illinois Supreme Court Wednesday to argue against a class action lawsuit filed by concerned customers. The case surrounds credit and debit card digits included on Walgreens receipts.
Calley Fausett used a debit card at a Walgreens in Arizona and realized 10 digits of her card number were included on the receipt. The federal Fair and Accurate Credit Transactions Act states that receipts cannot show more than five digits of a card.
Fausett filed a class action lawsuit in Illinois stating the company broke the law and put customers at risk for identity theft. Walgreens' attorneys argue this violation was not enough to give Fausett standing to sue, as she did not suffer concrete harm.
"She admits she suffered no identity theft," said Walgreens attorney Robert Riley. "There is an evidentiary record that shows she couldn't have her identity stolen with this bank identification number, and that is undisputed."
Roughly 1.6 million people across the country joined the class action lawsuit after the circuit court judge rejected Walgreens' motion to dismiss the case.Â
The U.S. Supreme Court has recently ruled that people must show they suffered concrete injury in order to sue a company in federal court. Customers must also prove they suffered additional harm, such as fraudulent credit card charges, before they can go to court.
The Illinois Supreme Court has previously stated that violating one person's rights is sufficient for legal standing.
"The General Assembly determined that there is an interest in biometric information," said Fausett's attorney Adam Vaught. "They gave a regulatory scheme to protect it. A violation of that act gives you a right of action. That is it. That is why we say that is all you need."Â
Vaught also argued that narrowing the state standing doctrine would undermine the separation of powers enshrined in the Illinois Constitution.
The Illinois Supreme Court took this case under advisement. Justices are expected to publish their opinion in the coming months.Â
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