As there is no cap on total recovery under FACTA, damages for a willful violation could be in the hundreds of millions.

Unless Congresscaps damages, many businesses may be bankrupted forminor violations of the Fair Credit Transactions Act.

We should be cautiously optimistic about future developments as important cases about federal preemption and the scope of securities laws come before the SupremeCourt in 2007.

The Roberts Court's business cases suggest that it is finally stepping away from the culture wars and returning to the nuts and bolts of law.