News & Analysis as of

Top 12 Ways Retailers Can Address Privacy Issues This Holiday Season

In this installment of “Perkins Coie Wrapping Papers,” we take inspiration from “The Twelve Days of Christmas” to provide an overview of the top twelve privacy and data security issues retailers should consider as the year...more

’Tis the Season for Data Breaches, Identity Theft

As U.S. consumers head into the shopping season – the weather is getting cooler, and the holidays are getting closer – it is a good idea to take extra precautions to protect bank accounts, credit cards and personal identity....more

California Passes New Law Protecting Consumers From Data Breaches

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1710, authored by Assembly Members Roger Dickinson (D-Sacramento) and Bob Wieckowski (D-Fremont). AB 1710 enhances consumer protections by strengthening the...more

Renewed Congressional Interest in Federal Data Security and Breach Notification Legislation

In light of recent, well-publicized, data security breaches at major retailers and social media company Snapchat, legislators are renewing the call for new federal laws that would strengthen data security and notification...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

California Federal Court Holds Online Purchase Transactions For Shipped Merchandise Not Covered By Song-Beverly Credit Card Act

On April 30, the U.S. District Court for the Central District of California held that Section 1747.08 of the Song-Beverly Credit Card Act, which prohibits retailers from requiring personal information as a condition to...more

About California’s Right to Know Act of 2013 – What, Me Worry?

If you got Google, Facebook and Microsoft into a room and asked them to compile a list of things that they are most afraid of, that list would probably look something like this...more

Privacy & Cybersecurity Update - April 2013

In This Issue: - Data-Breach Class Actions After the Supreme Court Decision in Clapper - California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases -...more

Advertising Law -- Feb 21, 2013

In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...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

Online, But Off Song-Beverly: California Supreme Court in a Narrow Ruling Finds That Song-Beverly Does Not Apply to Retailers...

In at least one specific type of transaction, California retailers can now breathe a little easier. In Apple Inc. v. Superior Court (Krescent), No. S199384 (Cal. Feb. 4, 2013), the California Supreme Court found that Section...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

California Supreme Court To Rule On Legality Of Collecting Customer Information During Online Credit Card Purchases

Companies that accept online credit card payments should be keeping an ear very close to the ground for the California Supreme Court’s decision in Apple v. Superior Court (Krescent), expected within the next few weeks. ...more

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