News & Analysis as of

For companies, perils abound when soliciting information at point of sale

Of all of the numbers that are part of your daily personal life, which are important enough to keep private? Your Social Security number? Definitely. Your date of birth? Maybe — depending on how cautious (and how old)...more

Settlement on the Horizon in Massachusetts ZIP Code Litigation

A recent proposed settlement in Massachusetts may signal readiness on the part of retailers to end so-called “ZIP code” litigation. In 2011, customers of the arts and crafts retailer Michaels Stores Inc. filed a proposed...more

OfficeMax Class Action Zip Code Plaintiffs Again Seek Approval for Settlement and Attorney Fee Payment

Lawyers representing a purported class of customers who accused retailer OfficeMax North America Inc. (OfficeMax) of illegally recording their zip codes tried again this week to gain court approval of a settlement deal agreed...more

Zip Code Cases Alive and Well – Bed Bath & Beyond and Guitar Center Hit with Putative Class Actions

In March, we blogged about Tyler v. Michaels Stores, a recent Massachusetts Supreme Court ruling, holding that zip codes are personally identifiable information and disavowing data mining by zip code....more

Massachusetts Zip Code Class Action: Take 3

Another class action suit has been filed in Massachusetts in the zip code wars. This time, the target is instrument retailer Guitar Center for allegedly requesting customers to provide their zip codes when making purchases...more

Retailers Should Use Caution In Collecting Zip Codes From Consumers

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...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

Yet Another Zip Code Class Action Filed in Massachusetts

Earlier this month, we reported on the privacy case against craft giant Michaels Stores in which the plaintiff alleged that Michaels illegally collected zip codes during credit card transactions. The case was ultimately...more

Check the White Pages for Personal Information: Massachusetts Decision Highlights the Expansion of Consumer Privacy Litigation

Last week, in Tyler v. Michaels Stores, Inc., the Supreme Judicial Court of Massachusetts responded to certified questions presented by the district court and interpreted a Massachusetts statute to reflect the state’s...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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