Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Meyers v. Oneida Tribe of Indians of Wisconsin

United States Court of Appeals, Seventh Circuit

September 8, 2016

Jeremy Meyers, individually, and on behalf of all others similarly situated, Plaintiff-Appellant,
v.
Oneida Tribe of Indians of Wisconsin, Defendant-Appellee.

          Argued February 19, 2016

         Appeal from the United States District Court for the Eastern District of Wisconsin. No. l:15-cv-00445-WCG - William C. Griesbach, Chief Judge.

          Before Manion and ROVNER, Circuit Judges, and Blakey, District Judge. [*]

          ROVNER, Circuit Judge.

         In response to the burgeoning problem of identity theft, when Congress enacted the Fair and Accurate Credit Transaction Act (FACTA) in 2003, it ineluded within the Act a provision to reduce the amount of potentially misappropriateable information produced in credit and debit card receipts. The Act prohibits merchants from printing on the receipt the credit card expiration date and more than the last five digits of the credit or debit card number. The plaintiff in this case, Jeremy Meyers, used his credit card to make purchases at two stores owned by the defendant, the Oneida Tribe of Indians of Wisconsin, and received an electronically-printed receipt at each store that included more than the last five digits of his credit card as well as the card's expiration date. Meyers brought a putative class action in the eastern District of Wisconsin for violations of FACTA, but the district court determined that the defendant, an Indian Tribe, was immune from suit under the Act. Meyers appeals and we affirm.

         I.

         The facts in this case are simple and not in dispute. Between February 6 and 17, 2015, Meyers used his credit card to make purchases at the Oneida Travel Center and two Oneida One Stop retail locations in and around Green Bay, Wisconsin. All three stores are owned and operated by a federally-recognized Indian tribe, the Oneida Tribe of Indians of Wisconsin. At each store he received electronically printed receipts that included more than the last five digits of his credit card as well as the card's expiration date. He alleges that the Tribe issued these receipts in violation of FACTA.

         FACTA, an amendment to the Fair Credit Reporting Act, states that,

[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 provided to the cardholder at the point of the sale or transaction.

15 U.S.C. § 1681c(g)(1). FACTA defines a person as "any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity." 15 U.S.C. § 1681a(b).

         Meyers sued the Oneida Tribe for these alleged violations of FACTA and brought a putative class action on behalf of all credit and debit card holders who, after June 3, 2008, received from the Oneida Tribe, an electronically printed receipt that displayed more than the last five digits of the person's credit or debit card or displayed the card's expiration date. The district court judge stayed a decision on certification of the class. (R. 7).[1]

         The Oneida Tribe moved to dismiss Meyers' claim for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). The Tribe argued that Meyers' claims were barred under the doctrine of tribal sovereign immunity and that Meyers had not suffered an "injury in fact" granting him standing under Article III of the Constitution.

         The district court correctly noted, as we discuss below, that the question of sovereign immunity is not jurisdictional. Nevertheless, the court properly treated the Tribe's motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) as a motion to dismiss for failure to state a claim for which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). See Miller v. Herman, 600 F.3d 726, 732-33 (7th Cir. 2010); citing Peckmann v. Thompson, 966 F.2d 295, 297 (7th Cir. 1992) (when appropriate, a court may treat a motion filed under Rule 12(b)(1) as if it were a Rule 12(b)(6) motion). The district court subsequently concluded that the Tribe was immune from suit and granted the motion to dismiss. This appeal followed.

         II.

         A.

         We begin with the threshold matter of jurisdiction. Just recently, the Supreme Court issued its decision in Spokeo which considered whether a plaintiff had adequately alleged injury in fact so as to acquire standing under Article III of the Constitution. Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016). The plaintiff in that case alleged injury pursuant to a different part of the Fair Credit Reporting Act than the one at issue in this case-one that set forth requirements concerning the accurate creation and use of consumer reports. The Supreme Court explained that in order to satisfy the "case or controversy" requirement of Article III of the Constitution, the injury must be both particularized and concrete and thus a plaintiff cannot satisfy these demands by alleging a bare procedural violation. Id. at 1550. It went on to explain:

Congress' role in identifying and elevating intangible harms does not mean that a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right. Article III standing ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.