Ambers

The question presented in this appeal is whether Civil Code section 1747.08, part of the Song-Beverly Credit Card Act of 1971 (the Credit Card Act) (§ 1747 et seq.), applies to an online purchase of merchandise that the buyer elects to pick up at the seller’s retail store. We conclude that the statute does not apply to that transaction under the circumstances presented here. We therefore affirm the judgment entered in the seller’s favor.

BACKGROUND

Plaintiff Michael Ambers (plaintiff) filed an unverified class action complaint against defendant Beverages & More, Inc. (BevMo), seeking civil penalties for violation of section 1747.08, which prohibits merchants from requesting or requiring and recording a consumer’s personal identifying information (PII), such as an address and telephone number, during the course of a credit card purchase transaction. In his initial complaint, plaintiff alleged that he purchased alcohol online through BevMo’s Web site and elected to pick up his order at a BevMo store. Plaintiff further alleged that providing his PII was a condition to completing the online purchase, that he provided BevMo with the required information, and that he…