Flores

Flores v. Chevron U.S.A. Inc.

Good Law
158 Cal. Rptr. 3d 242·2013 Cal. App. LEXIS 490·217 Cal. App. 4th 337·2013 WL 3084913
Court of Appeal of CaliforniaJune 20, 2013B240477California1,824 words

Opinion

Opinion

Rothschild, J.

John Flores HI and other named plaintiffs appeal from the summary judgment entered against them in their class action for violation of the Song-Beverly Credit Card Act of 1971 (Credit Card Act or Act; Civ. Code, § 1747). Plaintiffs allege that defendant Chevron U.S.A. Inc. (Chevron) violates the Act by sometimes requiring customers to provide their ZIP codes when buying gasoline with credit cards.

The undisputed facts show that Chevron requires ZIP codes only in pay-at-the-pump transactions at locations where there is a high risk of fraud, uses the information only to prevent fraud, and purges the information shortly after the credit card transactions are reconciled. We agree with the trial court that Chevron’s conduct does not violate the Act, because the personal identification information “is required for a special purpose incidental but related to the individual credit card transaction,” namely, the purpose of ensuring that the individual credit card transaction is not fraudulent. (Civ. Code, § 1747.08, subd. (c)(4).) We therefore affirm the judgment.

BACKGROUND

Under the Credit Card Act, “no person, firm, partnership, association, or corporation that accepts…

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