ZIP Codes, Credit Cards | JD Supra Law News

Privacy & Cybersecurity Update - April 2013

by Joshua Gruenspecht, Ken Kumayama, Stuart D. Levi, Sigrid Neilson, Shari Piré, Pierre Servan-Schreiber | Skadden, Arps, Slate, Meagher & Flom LLP on 4/15/2013

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

by Amy Malone | Mintz Levin - Privacy & Security on 4/9/2013

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

Court Limits Use of Zip Codes in Massachusetts Credit Card Transactions

by Thomas I. Elkind | Foley & Lardner LLP on 4/1/2013

In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card...more

Massachusetts Supreme Court Rules ZIP Codes Are Definitely “Personal Identification Information”

by Erin Aures | Proskauer - Privacy & Data Security on 4/1/2013

In a recent ruling arising from certain certified questions in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY (D. Mass. Jan. 6, 2012, the Massachusetts Supreme Court interpreted “personal identification information”...more

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

by Abby Sher | Cozen O'Connor on 3/26/2013

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

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

by Michael von Ansbach-Young | BakerHostetler on 3/26/2013

Earlier this month, the Massachusetts Supreme Court issued an opinion holding that zip codes “may well qualify” as personally identifiable information under the Massachusetts law controlling the treatment of PII in credit...more

Massachusetts High Court Holds State Credit Card Law Intended To Protect Against Invasion Of Privacy, ZIP Codes Protected

by BuckleySandler LLP on 3/21/2013

On March 11, the Massachusetts Supreme Judicial Court held that a credit card holder may bring an action for violation of a state law prohibiting businesses from requiring personal identification information as part of a...more

Massachusetts High Court Decision Regarding ZIP Codes Increases Consumer Litigation Risk for Retailers

by Ropes & Gray LLP on 3/20/2013

On March 11, 2013, the Supreme Judicial Court of Massachusetts ruled in Tyler v. Michaels Stores, Inc. that a retailer’s collection of ZIP codes while processing credit cards can violate Mass. Gen. Laws ch. 93, § 105(a), a...more

Retailers Beware: Massachusetts Court Restricts Ability To Collect ZIP Codes At Point Of Sale

by Amanda Beane, Thomas (Tom) C. Bell, Miriam Farhi | Perkins Coie on 3/19/2013

The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the...more

It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

by Nicole Jeong, David McDowell, Purvi Patel | Morrison & Foerster LLP on 3/19/2013

Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc.,...more

Retailers Beware: Common Credit Card and Marketing Data Collection Practices Could Violate Law

by Richard Green | McCarter & English, LLP on 3/18/2013

Already home to one of the toughest data protection laws in the country, Massachusetts now joins California in having expansive protections for data exchanged during a credit card transaction....more

Massachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During...

by Cynthia Larose, A. W. "Chip" Phinney III | Mintz Levin - Privacy & Security on 3/14/2013

“May I have your zip code?” is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts. Many retailers commonly ask customers for their zip codes when processing credit card transactions at,...more

Zip Code as Personal Information: The Massachusetts Round 2

by Mintz Levin - Privacy & Security on 3/13/2013

Yesterday, the Massachusetts Supreme Judicial Court (“SJC”) ruled that zip codes constitute “personal identification information” under G.L. c. 93. The question of law came to the SJC from the U.S. District Court for...more

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

by Timothy Toohey | Snell & Wilmer L.L.P. on 2/22/2013

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...

by Mira Serrill-Robins | Proskauer - Privacy & Data Security on 2/14/2013

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

California Supreme Court Holds that Song-Beverly Act Does Not Apply to Online Downloadable Purchases

by Edward Boyle, Emilio W. Cividanes, Douglas Emhoff, Stuart P. Ingis, Melissa McLaughlin | Venable LLP on 2/14/2013

On February 4, 2013, the California Supreme Court held in Apple Inc. v. Superior Court (Krescent) that the Song-Beverly Credit Card Act’s prohibition against recording customers’ personal identification information as a...more

California Privacy Laws Don’t Protect Consumers Online

by Aaron Kase | Lawyers.com on 2/14/2013

The California Supreme Court ruled last week that online retailers of electronically downloaded goods may seek personal information from customers who use credit cards, bypassing privacy restrictions placed on physical...more

California Supreme Court: Online Retailers May Require Personal Info for Electronic Downloads

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 2/13/2013

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...

by Megan Low, David McDowell, Purvi Patel | Morrison & Foerster LLP on 2/6/2013

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...

by Helen Christakos | Carr, McClellan, Ingersoll, Thompson & Horn -... on 2/6/2013

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

by Joshua Reiten, Bobbie Wilson, Michael Young | Perkins Coie on 2/6/2013

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

by Anthony Schoenberg, Stephanie Skaff | Farella Braun + Martel LLP on 2/5/2013

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 Joshua Reiten, Bobbie Wilson | Perkins Coie on 1/23/2013

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

Retail Customers Obtain Unusually Favorable Settlement In Zip Code Collection Case

by BuckleySandler LLP on 1/23/2013

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

The Download: Developments In E-Commerce, Privacy, Internet Advertising, Marketing And Information Services Law And Policy -...

by Venable LLP on 3/28/2011

In this Issue: In the Courts • California Supreme Court Announces State Law Prohibits Marketing Requests for ZIP Codes • Suit Filed Against Apple for Alleged Privacy Violations Arising from Applications Heard on the...more

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