Florez

Flora Florez, suing on behalf of herself and others, appeals from a judgment of dismissal entered after a demurrer to her complaint against Linens ’N Things, Inc. (LNT), for violations of the Song-Beverly Credit Card Act (Civ. Code, § 1747.8) and unfair business practices was sustained without leave to amend. Because the allegation that the store improperly requests personal identification information from its customers is sufficient to state a viable cause of action, we reverse.

I

According to the allegations of the second amended complaint, Florez visited an LNT store on July 16, 2001, and brought various items to the cashier for purchase. Pursuant to the store’s “Telephone Capture Policy,” the cashier asked Florez for her telephone number. Florez obliged, believing it was required to complete the transaction, and the cashier typed the information into the electronic cash register. Producing her credit card, Florez then paid for her purchases.

Many retailers use credit card transaction forms with imprinted spaces for addresses and telephone numbers, leading consumers to believe this information is necessary to complete a purchase. The information acquired by the…