News & Analysis as of

Song-Beverly Credit Card Act Credit Cards

Bans on Credit Card Surcharges Face First Amendment Challenges

by Bryan Cave on

State laws that prohibit retailers from charging customers a surcharge for using a credit card are being challenged on First Amendment grounds. For more than four decades, California’s Song-Beverly Credit Card Act of 1971...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

A Consumer Protection Ruling That Actually Protects Consumers: Fraud Prevention Allowed Under California’s Song-Beverly Act

by Morrison & Foerster LLP on

A California court ruled last week that retailers could lawfully collect ZIP code information to reduce credit card fraud, efforts that result in lower prices for consumers. Following the California Supreme Court’s decision...more

Appellate Decision Places Fraud Prevention Measures Outside Reach of California’s Song-Beverly Credit Card Act

by Ropes & Gray LLP on

With cybercrime on the rise, regulators and plaintiffs’ lawyers are pressing businesses to help mitigate the risk of identity fraud to American consumers. Ironically, at the same time, plaintiffs’ lawyers have sued numerous...more

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

by Ropes & Gray LLP on

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

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

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

by Snell & Wilmer on

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

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

by Morrison & Foerster LLP on

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

California Supreme Court Decision Signals Victory For Online Retailers

by Perkins Coie on

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

by Perkins Coie on

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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