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Banking & Financial Services E-Note - September 2014

In This Issue: - CFPB to Regulate Nonbank Institutions That Fund Auto Loans - DOJ Suggests Banks Turn In Employees to Avoid Criminal Charges - Regulators Requiring Banks to Carry Higher Capital...more

Release of the iPhone 6 — Is Apple Riding the Security Wave?

Another month brings another reported massive data breach. On September 8, 2014, Home Depot confirmed that its payment data systems had been breached, potentially impacting customers using payment cards at the retailer’s US...more

Collection of Email Addresses in Credit Card Transactions May Be Prohibited by California Law

The U.S. District Court for the Eastern District of California has held that the prohibition against requesting or requiring personal identification information in connection with credit card transactions contained in...more

On-Line Sales of Shipped Goods Held Outside Reach of California’s Song-Beverly Credit Card Act

A California federal court recently narrowed further the scope of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747.08), which limits the information retailers can collect during credit card transactions, by...more

California Supreme Court Rules That Song-Beverly Act Does Not Apply To On-Line Transactions

A little over a year ago, the United States District Court for the Central District of California ruled that California’s Song-Beverly Act (the Act), which prohibits collection of “personal identification information” in...more

California Supreme Court Holds Online Retailers of Downloadable Products May Require Personally Identifying Information For Credit...

The California Supreme Court held on February 4, 2013 that the provision of the Song-Beverly Credit Card Act of 1971 (the “Act”) prohibiting retailers from requesting personally identifying information as a condition to...more

California Supreme Court: Online Retailers May Require Personal Info for Electronic Downloads

Online retailers do not violate California's credit card privacy law by requiring consumers to provide personal information, including their addresses and phone numbers, as a condition of accepting credit card payments for...more

You Can’t Make a Square Peg Fit in a Round Hole: California Supreme Court Holds Online Purchases of Electronically Downloadable...

Handing a victory to online retailers, on February 4, 2013, the California Supreme Court held in a split decision that online transactions involving electronically downloadable products fall outside the scope of the...more

Major Win for eCommerce Businesses: California Supreme Court Rules On-Line Merchants May Collect Personal Information to Verify...

The California Supreme Court held today in Apple v. Superior Ct. that on-line merchants may require customers to provide personally identifying information (such as home address and phone number) to purchase electronically...more

California Supreme Court Decision Signals Victory For Online Retailers

The California Supreme Court recently issued a landmark ruling in Apple Inc. v. Superior Court (formerly Krescent v. Apple Inc. in trial court proceedings), a case with wide-reaching implications for consumer privacy in...more

The California Supreme Court Loosens Restrictions On Internet Retailers

Attempting to strike a balance between the competing concerns of privacy and fraud protection, the California Supreme Court ruled yesterday that the Song-Beverly Credit Card Act does not apply to online retailers that collect...more

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