Korn

MEMORANDUM AND ORDER

This matter is before the court on defendant Polo Ralph Lauren Corporation’s (“defendant” or “Polo”) motion to dismiss or, alternatively, motion to strike portions of plaintiff Brian Korn’s (“plaintiff” or “Korn”) complaint for violations of the Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08. Plaintiff opposes the motions. For the reasons set forth below, defendant’s motions are GRANTED in part and DENIED in part.

BACKGROUND

On November 2, 2007, plaintiff filed a class action complaint in the Solano County Superior Court in the State of California (hereinafter “the complaint”), alleging two causes of action for violations of California Civil Code § 1747.08, arising out of defendant’s (1) requests for and recording of telephone numbers and addresses when a customer pays for goods with a credit card; and (2) utilization of a credit card form which contains preprinted spaces for the telephone number and address of the cardholder. (CompLf 1). Plaintiffs complaint identifies two putative classes, the “Purchase Class” and the “Refund Class.” (Id. ¶¶ 28, 36). The putative Purchase Class consists of “all persons in California from whom…