Pineda

Pineda v. Williams-Sonoma Stores, Inc.

Bad Law
120 Cal. Rptr. 3d 531·2011 Cal. LEXIS 1355·51 Cal. 4th 524·246 P.3d 612
Supreme Court of CaliforniaFebruary 10, 2011S178241California4,530 words

Opinion

Opinion

Moreno, J.

The Song-Beverly Credit Card Act of 1971 (Credit Card Act) (Civ. Code, § 1747 et seq.) is “designed to promote consumer protection.” (Florez v. Linens ’N Things, Inc. (2003) 108 Cal.App.4th 447, 450 [ 133 Cal.Rptr.2d 465 ] (Florez).) One of its provisions, section 1747.08, prohibits businesses from requesting that cardholders provide “personal identification information” during credit card transactions, and then recording that information. (Civ. Code, § 1747.08, subd. (a)(2).)

Plaintiff sued defendant retailer, asserting a violation of the Credit Card Act. Plaintiff alleges that while she was paying for a purchase with her credit card in one of defendant’s stores, the cashier asked plaintiff for her ZIP Code. Believing it necessary to complete the transaction, plaintiff provided the requested information and the cashier recorded it. Plaintiff further alleges that defendant subsequently used her name and ZIP Code to locate her home address.

We are now asked to resolve whether section 1747.08 is violated when a business requests and records a customer’s ZIP Code during a credit card transaction. In light of the statute’s plain language, protective purpose, and legislative…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.