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HAMMER v. SAM'S EAST, INC.

Nos. 12-3724, 12-3858.

754 F.3d 492 (2014)

Steven E. HAMMER, individually and on behalf of all others similarly situated; Michael D. White, individually and on behalf of all others similarly situated, Plaintiffs-Appellants United States of America, Intervenor v. SAM'S EAST, INC., doing business as Sam's Club; Does, 1-10, inclusive; Sam's West, Inc., doing business as Sam's Club; Wal-Mart Stores, Inc., individually, doing business as Sam's Club, doing business as Sam's Wholesale Club; Does, 1-8, inclusive, Defendants-Appellees Steven E. Hammer, individually and on behalf of all others similarly situated; Michael D. White, individually and on behalf of all others similarly situated, Plaintiffs-Appellees United States of America, Intervenor v. Sam's East, Inc., doing business as Sam's Club, Defendant-Appellant Does, 1-10, inclusive, Defendant SAM's West, Inc., doing business as Sam's Club; Wal-Mart Stores, Inc., individually, doing business as Sam's Club, doing business as Sam's Wholesale Club, Defendants-Appellants Does, 1-8, inclusive, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: June 5, 2014.

Attorney(s) appearing for the Case

Roy F. Walters , argued, Kansas City, MO, for Appellant/Cross-Appellee.

Karen W. Renwick , Matthew R. Crimmins , on the brief, Kansas City, MO, for Appellant/Cross-Appellee.

James R. Eiszner , Patrik A. Shah , argued, Kansas City, MO, for Appellees/Cross-Appellants.

Rebecca J. Schwartz , on the brief, for Appellees/Cross-Appellants.

Michael Jay Singer , Christine Noel Kohl , on the brief, Washington, DC, for Intervenor.

Before RILEY, Chief Judge, BRIGHT and BYE, Circuit Judges.

BRIGHT, Circuit Judge.

In this action, plaintiffs (appellants) Steven Hammer and Michael White allege that Wal-Mart Stores, Inc., Sam's East, Inc., and Sam's West, Inc. (collectively "Sam's Club")1 willfully violated a provision of the Fair and Accurate Credit Transactions Act (FACTA), 15 U.S.C. § 1681c(g)(1), which prohibits a person accepting credit or debit cards for a consumer transaction from "print[ing] more than the last five...

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