The Greenbrier Resort
CHARLESTON – A class action lawsuit says The Greenbrier Resort is violating a federal law regarding credit card information on receipts.
Kevin W. Rouse is the named plaintiff in the complaint filed May 9 in Kanawha Circuit Court against Greenbrier Hotel Corporation. The complaint says The Greenbrier is violating the Fair and Accurate Credit Transactions Act (FACTA).
FACTA, which was passed in 2003, provides that “no person that accepts credit cards or debt cards for the transaction of business shall print more than the last five digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.”
The law gave businesses three years to comply with the regulations.
But, Rouse says The Greenbrier has willfully violated the law and failed to protect him and other potential class members against identify theft, credit card fraud and debit card fraud by printing more than the last five numbers of the card on paper receipts provided at the point of sale for credit and debit card transactions.
Specifically, the complaint says the resort, which is owned by U.S. Senator Jim Justice and his family, printed both the last five digits as well as the card expiration date on receipts.
In the complaint, Rouse says he visited The Greenbrier on April 15, 2025. He made a purchase with his Visa card for three bunker tour tickets. The paper receipt at the point of sale shows the information printed on the receipt that violates FACTA.
“Plaintiff has incurred the burden of retaining possession of his receipts from defendant in order to safeguard his personal credit/debit card information that was displayed by defendant’s violation of FACTA,” the complaint states. “The displaying of the expiration date of plaintiff’s personal credit/debit card on the receipt is prohibited explicitly by FACTA and is the very harm that Congress sought to prevent by turning such disclosure into an actionable tort.”
Rouse says he’s now at an increased risk of identify theft as well as payment card fraud, which he says invades the exact privacy interests he says FACTA was meant to guard against.
The complaint says there was plenty of industry knowledge, public information and communications from credit card issuers and banks about FACTA in 2003 when it was enacted as well as more for the three years given for businesses to make the switch to be in compliance with FACTA.
Thus, Rouse says The Greenbrier had actual knowledge of FACTA’s requirements.
The complaint also notes the Ninth Circuit Court of Appeals as well as the Seven Circuit have issued opinions about the importance of FACTA and the “serious problem” it is meant to combat.
The proposed class would include all persons to whom The Greenbrier provided an electronically printed receipt at the point of sale or transaction within the two years prior to the filing of the complaint on which the expiration date of the credit card is printed. Excluded from the class is anyone who suffered identity theft as a result of the resort’s FACTA violations.
The complaint says the size of the class would be determined through resort sales transactional records.
In addition to an order certifying the class, Rouse and the other plaintiffs seek statutory damages, punitive damages, court costs, attorney fees and other relief.
Rouse is being represented by Thomas J. Lyons Jr. and Carter B. Lyons of Consumer Justice Center in Vadnais Heights, Minnesota, as well as L. Dante diTrapano and D. Christopher Hedges of Calwell Luce diTrapano in Charleston and W. Jesse Forbes of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 25-C-598
