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STILLMOCK v. WEIS MARKETS, INCORPORATED

No. 09-1632.

PATRICK STILLMOCK; JEANNE STILLMOCK; JENNY BARNSTEIN; LEONID OPACIC, individually and on behalf of a class of all those similarly situated, Plaintiffs-Appellants, v. WEIS MARKETS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2010.

Attorney(s) appearing for the Case

ARGUED: Martin Eugene Wolf, QUINN, GORDON & WOLF, CHTD, Towson, Maryland, for Appellants.

Charles Mikell Hart, DUANE MORRIS, LLP, Cherry Hill, New Jersey, for Appellee.

ON BRIEF: Richard S. Gordon, Benjamin H. Carney, QUINN, GORDON & WOLF, CHTD, Towson, Maryland; Cory L. Zajdel, Z LAW, LLC, Towson, Maryland; Katherine B. Bornstein, BARROWAY, TOPAZ, KESSLER, MELTZER & CHECK, Radnor, Pennsylvania; David A. Searles, DONOVAN SEARLES, LLC, Philadelphia, Pennsylvania, for Appellants.

Dana B. Klinges, Robert M. Palumbos, DUANE MORRIS, LLP, Philadelphia, Pennsylvania, for Appellee.

Judge Wilkinson wrote a separate opinion concurring specially.

Unpublished opinions are not binding precedent in this circuit.

HAMILTON, Senior Circuit Judge:

In an effort to curb identity theft, Congress enacted the Fair and Accurate Credit Transactions Act of 2003 (FACTA), thereby amending the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681-1681x, to provide that "no person that accepts credit cards or debit cards for the transaction of business shall [electronically] print more than the last...

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