California Court of Appeals, Second District, Fifth Division
APPEAL from a judgment of the Superior Court of Los Angeles County Super. Ct. No. BC521035, William Highberger, Judge.
[Copyrighted Material Omitted]
Mehrban Law Corporation, Julie Mehrban; Law Offices of Morse Mehrban and Morse Mehrban, for Plaintiff and Appellant.
Willenken Wilson Loh & Delgado, William A. Delgado and Aarti K. Wilson, for Defendant and Respondent.
The issue presented is whether a business violates the Song-Beverly Credit Card Act of 1971 (the Credit Card Act) (Civ. Code, § 1747 et seq.) by recording the birth date of a customer who purchases alcohol with a credit card. We conclude the prohibition against recordation of personal identifying information (a date of birth) in connection with a credit card transaction does not apply to the purchase of an alcoholic beverage under the plain language of section 1747.08, subdivisions (a) and (c)(4). We therefore affirm the judgment of dismissal entered after an order sustaining a demurrer without leave to amend.
ALLEGATIONS OF THE COMPLAINT
Plaintiff and appellant Mark Lewis filed a putative class action complaint for damages for violation of the Credit Card Act. Lewis alleged that he purchased an alcoholic beverage from defendant and respondent Jinon Corporation’s store in September 2013, using a credit card for the purchase. Jinon’s clerk requested personal identification information in the form of Lewis’s birth date. Lewis believed he was required to provide the information to complete the sale and provided his birth date. The clerk entered Lewis’s birth date into the computerized cash register.
Although Jinon was required by Business and Professions Code section 25660 to verify that a purchaser of alcohol is not under the age of 21, there is no legal requirement that the information be recorded under either state or federal law. Most retailers selling alcoholic beverages do not record date of birth information. Jinon was not contractually obligated to provide personal identifying information in order to complete a credit card transaction.
DEMURRER, RESPONSE, REPLY, AND ...