Powers

In this consumer class action case the trial court found plaintiff’s claims against a retailer for violation of provisions of the Song-Beverly Credit Card Act of 1971 (Song-Beverly; Civ. Code, § 1747 et seq.) were preempted by provisions of a federal statute, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ( 15 U.S.C. § 7701 et seq.) (CAN-SPAM). Accordingly, the trial court sustained the retailer’s demurrer without leave to amend. We reverse.

The disputed provisions of Song-Beverly were added by the Legislature in 1990 and limit the information that may be requested of a consumer when the consumer uses a credit card to transact business. In particular, Song-Beverly prohibits businesses from requesting or requiring credit card customers to provide “personal identification information,” such as their addresses and telephone numbers. In contrast, CAN-SPAM imposes disclosure and “opt-out” requirements on the senders of commercial electronic mail (e-mail) and restricts the manner in which such e-mail may be sent. In addition, by its terms CAN-SPAM preempts any state law that “expressly regulates the use of electronic mail to send commercial…