Advertising Law - December 14, 2011

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In This Issue:

Court Refuses to Certify Class in Zip Code Suit; Facebook, Zynga Score Court Victory; TCPA is “Weird,” Says Supreme Court Justice; FDA to Appeal Injunction of Cigarette Labeling Rules; and In San Francisco, It Costs 10 Cents More to be “Happy”.

Excerpt from Court Refuses to Certify Class in Zip Code Suit

A U.S. District Court judge in California denied class certification in a suit alleging that salespeople at General Nutrition Corp. asked for customers’ zip codes when they conducted credit card transactions.

The suit was one of hundreds filed in the wake of Pineda v. Williams- Sonoma, where the California Supreme Court ruled that zip codes are “personal identification information” under the state’s Song-Beverly Credit Card Act. Requesting and recording the zip codes of customers can therefore result in a statutory fine of $250 for the first violation and $1,000 for each subsequent violation, the court in the Pineda case held.

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