Lewis

The issue presented is whether a business violates the Song-Beverly Credit Card Act of 1971 (the Credit Card Act) (Civ. Code, § 1747 et seq.) by recording the birth date of a customer who purchases alcohol with a credit card. We conclude the prohibition against recordation of personal identifying information (a date of birth) in connection with a credit card transaction does not apply to the purchase of an alcoholic beverage under the plain language of section 1747.08, subdivisions (a) and (c)(4). We therefore affirm the judgment of dismissal entered after an order sustaining a demurrer without leave to amend.

ALLEGATIONS OF THE COMPLAINT

Plaintiff and appellant Mark Lewis filed a putative class action complaint for damages for violation of the Credit Card Act. Lewis alleged that he purchased an alcoholic beverage from defendant and respondent Jinon Corporation’s store in September 2013, using a credit card for the purchase. Jinon’s clerk requested personal identification information in the form of Lewis’s birth date. Lewis believed he was required to provide the information to complete the sale and provided his birth date. The clerk entered Lewis’s birth date into the…