11th Circuit Says Revealing Full Credit Card Number On Restaurant Sales' Receipt Is Not A 'Publication'

E.T. Limited, Inc. v. United States Liability Insurance Company and Essex Insurance Company, 2011 U.S. App. LEXIS 19990 (11th Cir. Fla. Sep. 30, 2011)

Facts: Plaintiff-Appellant E.T. Limited, Inc., ("ETL") appealed the district court's grant of summary judgment to Defendant-Appellee Essex Insurance Company ("Essex") pertaining to an alleged violation of the Fair and Accurate Credit Card Transaction Act ("FACTA") which occurred in a restaurant when a credit card receipt revealed more than five digits of a customer's credit card number. The district court concluded that Defendant Essex's commercial general liability policy (the "Policy") imposed no duty to defend ETL in the underlying litigation in state court. Specifically, the district court concluded that Defendant Essex owed no duty to defend ETL under the Policy because ETL's issuance of a credit card receipt does not constitute a "publication" as required under the Policy's coverage for "personal and advertising" injury. The 11th Circuit agreed with the district court's finding that "publication" as used in the Policy was unambiguous and that the provision of a credit card receipt to a customer involves no "publication" within the meaning of the Policy.

FACTA Requirements. Section 1681c(g)(1) provides: "[N]o 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...