News & Analysis as of

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

Privacy Monday - July 1st, 2013

Privacy Tidbits to start your week - The Risk-Benefit Analysis of BYOD: As we have written in the past, the proliferation of the “bring your own device” (BYOD) trend is a high-wire balancing act for IT and...more

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

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

Privacy Compliance = Transparency

Do you think that asking for a person’s zip code could ever result in a privacy violation? If your answer is no and you are collecting information from a resident of the District of Columbia, think again....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

Advertising Law -- May 31, 2013

A Friendly Reminder from the FTC: You May Be in Trouble - Continuing the countdown to the effective date of the amended Children’s Online Privacy Protection Act Rule, the Federal Trade Commission sent “educational...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

Court Limits Use of Zip Codes in Massachusetts Credit Card Transactions

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”

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

Advertising Law - March 28, 2013

In This Issue: Marc Roth and Lindsay Conner to Serve as Faculty for PLI Information Technology Law Institute 2013; Data Security, Emerging Tech to Be Focus for FTC; Mobile Payment Services Subject of New FTC Report;...more

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

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

Don't Forget Common Sense

Today, Foley & Lardner LLP issued a Legal News Alert for our clients regarding the recent decision of the Massachusetts Supreme Judicial Court that ZIP Codes are “personal identification information” and therefore it is a...more

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

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

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

Massachusetts Echoes California and Disavows Data Mining by Zip Code

In a decision last week, the Massachusetts Supreme Court held that zip codes are personally identifiable information, perhaps serving as a harbinger for other state court decisions still yet to come. This ruling is important...more

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

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

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

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...

“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

California Supreme Court To Rule On Legality Of Collecting Customer Information During Online Credit Card Purchases

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

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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