Tag Archives: Song-Beverly

Lawsuit Alleges That Self-Checkout Videos Violate the Song-Beverly Act

A class-action lawsuit filed last month alleges that Wal-Mart’s video recording technology at its self-service checkout kiosks collects “personal identification information” in violation of the California Song-Beverly Act Credit Card Act of 1971 (“Song-Beverly Act”).  The Song-Beverly Act, like analogous statutes in several other states, generally prohibits businesses from recording customers’ “personal identification information” as … Continue Reading

Ninth Circuit Asks California Supreme Court to Define the Scope of Song-Beverly Act

The U.S. Court of Appeals for the Ninth Circuit on Tuesday asked the California Supreme Court to resolve a longstanding dispute over the interpretation of a retail privacy statute.  If the state court rules on the issue, its decision could affect the ability of California retailers to collect information from consumers who make in-store payments using … Continue Reading

Urban Outfitters Argues Zip Code Class Actions Are Insured

Urban Outfitters is calling for its insurers to cover any potential losses stemming from allegations the company improperly collected customer zip codes.  In a set of cross-motions for summary judgment filed last week, the retailer argued the zip code claims filed against it in three class-action lawsuits involve a customer’s right to privacy, bringing them … Continue Reading

Key Decision in Nike Song-Beverly Litigation

Businesses should take note of this week’s decision in Gormley v. Nike, Inc., a lawsuit under California’s Song-Beverly Credit Card Act, in which plaintiffs allege that Nike violated the Act by requesting ZIP codes from them during credit card transactions in Nike’s retail stores.  Judge Susan Illston of the Northern District of California denied Nike’s … Continue Reading

Massachusetts Supreme Judicial Court Issues Broad Ruling on Point-of-Sale Data Collection

In a recent decision, the Supreme Judicial Court of Massachusetts (“SJC”) broadly interpreted a statute that governs the personal information that may be collected by a merchant during a credit card transaction.  The decision, Tyler v. Michaels Stores, Inc., SJC-1145 (Mass. March 11, 2013), was issued in response to three questions that had been certified … Continue Reading

CA Supreme Court Holds That Song-Beverly Does Not Apply To Online Purchases For Electronic Downloads

On Monday, the California Supreme Court, by a slim 4-3 majority, held that California’s Song-Beverly Credit Card Act of 1971 (“Song-Beverly”) does not apply to online purchases in which a product is downloaded electronically, finding that Apple was not liable under the statute for collecting plaintiff Krescent’s telephone number and address in order to complete … Continue Reading

Song-Beverly Act Returns to California Supreme Court

Nearly two years ago, the California Supreme Court held that requesting a customer’s ZIP code in connection with a credit card transaction violated the Song-Beverly Credit Card Act of 1971, a statute that prohibits businesses from recording a customer’s “personal identification information” (“PII”) as a condition of accepting a credit card payment.  On Wednesday, the … Continue Reading

Netflix to Settle Video Privacy Suit

According to court documents filed last week, Netflix has agreed to change its data storage practices and pay about $9 million to settle allegations that it unlawfully retained and disclosed customers’ video-viewing histories.  Specifically, Netflix agreed to decouple viewing history from identification information once users have been inactive for a year; to pay $30,000 to … Continue Reading

Pineda One Year Later

Just under a year has passed since the California Supreme Court ruled that asking for a customer’s ZIP code during a credit card transaction violates California’s Song-Beverly Credit Card Act.  According to media reports, the court’s decision in Pineda v. Williams-Sonoma Stores, Inc. has spurred more than 200 suits against California retailers.  A roundup of … Continue Reading
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