News & Analysis as of

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

The Dark Cloud Over Nordstrom’s Black Friday: California Law May Prohibit Retailers from Collecting Email Addresses at Checkout

This past weekend if you survived the towel aisle and other Black Friday dangers and made it to the register to purchase your items, it is possible you were asked to provide an email address so that your receipt could be...more

The Download - November 2013

In this issue: - Senator Markey and Representative Barton Reintroduce Do Not Track Kids Act - House Bipartisan Working Group Continues Discussion on Privacy - Federal Trade Commission Holds Workshop on...more

California Federal Court Denies Class Certification In Song-Beverly Credit Card Act Case

On October 4, the U.S. District Court for the Central District of California denied certification of a putative class of consumers that had alleged a major retailer’s policy of requiring online customers to provide their...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

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

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 District Court Holds Song-Beverly Credit Card Act Does Not Prohibit Post-Transaction Collection Of Zip Codes, Denies...

On January 28, the U.S. District Court for the Northern District of California denied a motion for class certification filed by a group of plaintiffs seeking to challenge, on behalf of similarly situated individuals, a...more

Retail Customers Obtain Unusually Favorable Settlement In Zip Code Collection Case

On January 11, the U.S. District Court for the Northern District of California approved a settlement between a retailer and a class of customers to resolve allegations that the retailer violated the California Song-Beverly...more

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