Can a Private Cause of Action Be Brought Under the CPSA for a Credit-Card-Truncation Statute Violation ?

In Burdge v. Supervalu Holdings, Inc., 1st Dist. No. 060194, 2007 Ohio 1318., the Court held that a consumer could not bring a private cause of action under the CSPA for a business's failure to comply with the requirements of the credit-card-truncation statute unless he has suffered an actual injury. The Supervalu court was persuaded by the 12th Appellate District's analysis in Burdge v. Kerasotes Showplace Theatres, LLC. The Kerasotes court held that the legislature had used the "person injured" language specifically to qualify a private cause of action under the CSPA for a credit-card-truncation statute violation. The Kerasotes court found this construction the only reasonable interpretation of the truncation statute, after construing it in para marteria with the CSPA.