News & Analysis as of

Song-Beverly Credit Card Act Retailers

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

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

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

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

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

Mintz - Privacy & Cybersecurity Viewpoints

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

Mintz - Privacy & Cybersecurity Viewpoints

The Dark Cloud Over Nordstrom’s Black Friday: California Law May Prohibit Retailers from Collecting Email Addresses at Checkout

This past weekend if you survived the towel aisle and other Black Friday dangers and made it to the register to purchase your items, it is possible you were asked to provide an email address so that your receipt could be...more

Morrison & Foerster LLP

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

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