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Song-Beverly Credit Card Act

Proskauer on Privacy

Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

Proskauer on Privacy on

Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more

Wyrick Robbins Yates & Ponton LLP

Same Old Song and Dance: The Song-Beverly Credit Card Act of 1971 is Plaintiffs’ Latest Tool to Target Pixels and Other Online...

The plaintiffs’ bar has added a new tool to its arsenal to target cookies, pixels, and similar online tracking tools and the businesses that use them: the California Song-Beverly Credit Card Act of 1971 (“Act”). This...more

Benesch

Oldies but Not Goodies - Plaintiffs Put New Digital Spin on Song-Beverly

Benesch on

Over the past few months, a wave of new lawsuits has been filed in California state court against online retailers alleging violations of California’s Song-Beverly Credit Card Act, Cal. Civ. Code § 1747.08 (“Song-Beverly”)....more

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

Womble Bond Dickinson on

The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

Womble Bond Dickinson

Online Retailers Face Lawsuits for IP Address Collection During Transactions Under The Song Beverly Act

Womble Bond Dickinson on

In the latest iteration of privacy claims, California plaintiffs have begun filing lawsuits against online retailers using online tracking technologies to collect IP addresses under a new theory—plaintiffs allege such...more

BakerHostetler

The ‘New-Look’ Song-Beverly Credit Card Act: Web-Tracker Edition

BakerHostetler on

The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation. ...more

Lathrop GPM

California Court of Appeals Denies Manufacturer’s Motion to Compel Arbitration Under Sales Contract to Which It Was Not a Party

Lathrop GPM on

The California Court of Appeals for the Second District, creating a split of authority among California’s appellate courts, held that Ford Motor Co. did not have the right to enforce an arbitration provision in a sales...more

Snell & Wilmer

Component-Part Manufacturers Are Not Required to Indemnify Retail Sellers Under California’s Song-Beverly Consumer Warranty Act...

Snell & Wilmer on

The California Court of Appeal in Mega RV Corp. v. HWH Corp. (2014) 225 Cal.App.4th 1318 held that component-part manufacturers are not obligated to indemnify retail sellers under California Code of Civil Procedure section...more

Snell & Wilmer

California Supreme Court Limits Consumer Lemon Law Protection to Vehicles Purchased in California

Snell & Wilmer on

In Cummins, Inc. v. Superior Court (2005) 36 Cal.4th 478, 483, the California Supreme Court addressed the issue of “whether a buyer who resides in California may bring suit against a manufacturer under the [Song-Beverly...more

Morrison & Foerster LLP

Consumer Perception Matters: California Court Of Appeal Clarifies Legal Standard Under Song-Beverly Credit Card Act

Although litigation under California’s Song-Beverly Credit Card Act has largely slowed to a trickle, businesses continue to have questions surrounding compliance and litigation risk and exposure. A recent ruling by a...more

Manatt, Phelps & Phillips, LLP

Individual Issues Predominate, Eliminating Class in Song-Beverly Suit

A California appellate panel affirmed the decertification of a class of consumers in a Song-Beverly Credit Card Act lawsuit challenging Williams-Sonoma’s collection of zip codes and email addresses during credit card sales. ...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - April 2019

California Readies for Statewide Extended Producer Responsibility for Pharma Waste - The sale of needles (sharps) and pharmaceutical drugs in California is estimated to be on the order of $50 billion per year. Significant...more

BCLP

Bans on Credit Card Surcharges Face First Amendment Challenges

BCLP 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

Carlton Fields

No, Yes, or Back to State Court? Three Circuits Address Standing in Statutory “No Injury” Class Actions

Carlton Fields on

In Spokeo, the Supreme Court declined to answer the certified question of whether a plaintiff suing for violation of a federal statute satisfied Article III’s standing requirement by alleging no concrete injury as a result of...more

Proskauer - Minding Your Business

Case Halted: California Court Denies Class Certification in Ford Defective Steering Case

On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford Fusion or Ford Focus...more

Pierce Atwood LLP

Spokeo Should Not Fall on Deaf Ears in Privacy Class Actions

Pierce Atwood LLP on

On the May morning that the Supreme Court handed down its ruling in Spokeo, Inc. v. Robins, I was among those who read the case as a bellwether. The Spokeo appeal addressed a long-festering issue about whether Congress may...more

Robins Kaplan LLP

“But I Only Wore It Once!”: The Rising Cost of Return Fraud

Robins Kaplan LLP on

Your customers may be thinking, "What’s the harm in wearing something once and returning it?" But return fraud can have a big impact on a retailer's bottom line. The National Retail Federation estimates that return fraud will...more

Perkins Coie

Wrapping Paper Series Updates

Perkins Coie on

2015 - The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax Issues - 09.21.2015 - Retailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However,...more

Carlton Fields

Third Circuit Decides that “Publication” Doesn’t Include the Collection of Customer Data

Carlton Fields on

On September 15, 2015, the Third Circuit Court of Appeals declared that Lamorak Insurance Company (formerly OneBeacon America Insurance Company) and the Hanover Insurance Group don’t have to defend their insureds, Urban...more

BakerHostetler

CA Supreme Court Upholds Class Action Waivers in Long-awaited Sanchez Decision

BakerHostetler on

On August 3, 2015, the California Supreme Court issued its long-awaited decision in Sanchez. v. Valencia Holding Company, LLC (2015) — Cal.4th — (Sanchez). The court provided much-needed clarity for consumers and auto finance...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2015 #4

SPECIAL FOCUS: The Impact of the Supreme Court’s Octane Fitness Decision on Lanham Act Litigation - For the second time in recent years, a Supreme Court decision in a patent case is having a major impact on Lanham Act...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Lowers the Bar on Ascertainability Requirement in Consumer Class Actions

In Aguirre v. Amscan Holdings, Inc., Case No. 073059, 2015 Cal. App. LEXIS 214 (Cal. Ct. App. Feb. 11, 2015), a California Court of Appeal reversed the denial of certification of a putative class alleging violation of Civil...more

Nossaman LLP

Policyholder Takes the Insurer’s Bait and Loses Coverage

Nossaman LLP on

In an interesting Order coming from the United States District Court in Western District of Washington, case no C13-1014 (National Union et al v. Coinstar), National Union skillfully avoided a bad faith claim by timely...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2014 #3

Suit Seeks To Include E-Mail Address Under Song-Beverly Protections - First zip codes, now e-mail addresses? According to a new complaint filed in California federal court against Express Fashion Apparel, LLC,...more

Sheppard Mullin Richter & Hampton LLP

Redbox Collection of ZIP Codes Does Not Violate Song-Beverly Privacy Rights

Redbox Automated Retail, LLC (“Redbox”), provider of the popular self-service kiosks that rent movies and video games in airports and other locations, received confirmation last month from the Ninth Circuit Court of Appeals...more

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