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Guarisma v. Microsoft Corp.

Citations: 209 F. Supp. 3d 1261; 2016 WL 4017196; 2016 U.S. Dist. LEXIS 97729Docket: CASE NO. 15-24326-CIV-ALTONAGA/O’Sullivan

Court: District Court, S.D. Florida; July 26, 2016; Federal District Court

Narrative Opinion Summary

In this case, a plaintiff filed a lawsuit against a corporation, alleging violations of the Fair and Accurate Credit Transactions Act (FACTA) after receiving a receipt displaying more than the legally allowed credit card information. The defendant sought to dismiss the case or compel arbitration based on warranty terms that included an arbitration clause and a class action waiver. Central issues included whether the plaintiff had standing and whether the arbitration agreement applied. The court evaluated standing under Article III, determining that the plaintiff had standing due to the concrete harm experienced by receiving a non-compliant receipt. The court also found that FACTA established a substantive right to truncated credit card receipts, and violations constituted a concrete injury. Regarding arbitration, the court held that the plaintiff did not agree to the warranty, as he had not used the product, and his claims fell outside the arbitration clause's scope. The court denied the defendant's motion to compel arbitration, affirming that the dispute was not subject to arbitration under the warranty terms. Consequently, the court retained jurisdiction over the matter, allowing the plaintiff's claims to proceed in court.

Legal Issues Addressed

Arbitration Agreement Validity

Application: Microsoft's motion to compel arbitration was denied because the court found Guarisma did not agree to the warranty terms, as he did not use the product.

Reasoning: The Court rejects Microsoft's argument that mere purchase constitutes use, emphasizing that the language of the Warranty clearly indicates that actual use is required for acceptance.

FACTA Compliance and Consumer Rights

Application: The court recognized that FACTA establishes a substantive right for consumers to receive receipts with truncated credit card numbers, viewing any violation as a concrete injury.

Reasoning: The statutory provisions cited by the plaintiffs establish a substantive right to the truncation of financial information and a procedural right to enforce that truncation.

Scope of Arbitration Clause

Application: The court found that the arbitration clause in the warranty did not cover Guarisma's FACTA claim, as it pertained to business practices rather than issues related to the product or warranty.

Reasoning: Guarisma’s claim pertains solely to Microsoft’s business practices concerning receipt information, which is outside the scope of the arbitration clause.

Standing under Article III

Application: The court determined that Guarisma has standing as he experienced a concrete harm through the receipt of a non-compliant credit card receipt, which FACTA was designed to prevent.

Reasoning: Given that FACTA grants consumers, including Guarisma, the right to receive truncated receipts to protect financial information, and that Guarisma experienced a concrete harm by receiving a non-compliant receipt, Guarisma has sufficiently alleged an injury-in-fact, thereby conferring standing.