Party City Corp. v. The Superior Court of San Diego County

Decision in Party City Corp. v. The Superior Court of San Diego County

more+
less-

In Party City Corp. v. The Superior Court of San Diego County, the California Court of Appeal in the Fourth Appellate District held that zip codes are not "personal identification information" under California's Song-Beverly Credit Card Act of 1971, California Civil Code Sec. 1747.08. Information "concerning the cardholder" is protected pursuant to the purposes of the Act, in order to prevent customer identification that goes beyond what the consumer has consented to disclose.

In this class action case, the plaintiff claimed that Party City’s request for a zip code in connection with a credit card purchase violated the Act. The trial court agreed, granting the plaintiff summary judgment. The Court of Appeal overturned the trial court concluding that summary judgment should be entered for Party City.

The Court of Appeal found that zip codes are not personal identification information based on the plain language of the Act. The Court of Appeal also examined postal regulations to understand what zip codes encompass. The Court of Appeal determined that zip codes are not "personal" identification information about a particular cardholder.

"A zip code is not an address, but only a portion of it, and knowing a stand-alone zip code has not been shown to be potentially more helpful in locating a specific person than knowing his or her state or county of residence. A zip code is not an individualized set of identification criteria, such as telephone numbers would be, but rather zip codes provide identification of a relatively large group, on the present record."

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | State, 9th Circuit, California | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Doug Cornelius | Attorney Advertising

Written by:

more+
less-

Doug Cornelius on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×