Imagine if you spent your whole career trying to get into the big game, then magically your day comes–you will be playing in the Super Bowl! It would be a dream come true. But imagine if there were no cameras to record the moment and all that friends and family saw of your big day were a few sketches of you catching a pass and a written transcript describing the play-by-play. That would not be worthy of the event. The ratings would be low and people would not value the big game.
Earlier this week, a federal appellate court issued an opinion concluding that a merchant violated a federal statute after it sold a customer $25 in neckwear that the customer purchased with his credit card because the merchant gave him a receipt that identified the month, but not the year, that the credit card expired. But the customer’s lawsuit – a putative nationwide class action – was nevertheless dismissed because the merchant’s identification of the credit card expiration month on the receipt was not willful.