California Court of Appeals, First District, Third Division
Napa County Super. Ct. No. 26-60136, Hon. Diane M. Price,
[Copyrighted Material Omitted]
Stonebarger Law, Gene J. Stonebarger; Patterson Law Group and James K. Patterson for Plaintiff and Appellant.
Atkins & Davidson and Todd C. Atkins for The Consumer Federation of California as Amicus Curiae on behalf of Plaintiff and Appellant.
Sheppard, Mullin, Richter & Hampton, P. Craig Cardon, Brian R. Blackman and Elizabeth S. Barcohana for Defendants and Respondents.
Norton Rose Fulbright, Jeffrey B. Bargulies and Lauren A. Shoor for California Retailers Association as Amicus Curiae on behalf of Defendants and Respondents.
POLLAK, ACTING P.J.
Plaintiff Stacie Harrold appeals from an order denying her motion to certify a class in her action against Levi Strauss & Co. and Levi’s Only Stores, Inc. (collectively, Levi’s) for requesting and recording e-mail addresses from customers paying for purchases with a credit card, allegedly in violation of the Song-Beverly Credit Card Act of 1971 (Civ. Code, § 1747 et seq.) (the Act), specifically section 1747.08. The trial court determined that plaintiff’s complaint fails to satisfy the requirements for certification of a class, based on its conclusion that section 1747.08 does not prohibit the collection of personal identification information once a credit card transaction has been concluded. The appeal turns on the correctness of this interpretation of the Act. Since we conclude the trial court correctly interpreted the statute, we shall affirm the order denying class certification.
Plaintiff’s first amended complaint alleges that “plaintiff entered into a credit card purchase transaction with defendants, which did not involve mail order, shipping or cash advances. However, as part of defendants’ information capture policy, and in conjunction with the credit card sales transaction, plaintiff was asked for personal identification information, in the form of her email address, by defendants’ employee attending to the transaction. [¶]... Plaintiff provided the requested personal identification information, which was entered into the electronic sales register at the checkout counter adjacent to both defendants’ employee and plaintiff.” The amended complaint continued: “Defendants’ conduct as alleged herein expressly violated California Civil Code section 1747.08. Civil Code section 1747.08(a)(2) provides, in relevant part, that: [N]o person, firm, partnership, association, or corporation that accepts credit cards for the transaction of business shall... request, or require as a condition to accepting the credit card as payment in full or in part for goods or services, the cardholder to provide personal identification information, which the person, firm, partnership, association, or corporation accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise. (emphasis added).” For
purposes of this appeal, Levi’s has assumed, as shall we, that an e-mail address is “personal identification information” within the meaning of section 1747.08.
The amended complaint defines the purported class as “all persons from whom defendants requested and recorded personal identification information in conjunction with a credit card purchase transaction at a ...