Harrold

Harrold v. Levi Strauss & Co.

Good Law
187 Cal. Rptr. 3d 347·2015 Cal. App. LEXIS 427·2015 D.A.R. 5487·236 Cal. App. 4th 1259
Court of Appeal of CaliforniaMay 19, 2015A142747California3,182 words

Opinion

Opinion

Pollak, J.

Plaintiff Stacie Harrold appeals from an order denying her motion to certify a class in her action against Levi Strauss & Co. and Levi’s Only Stores, Inc. (collectively, Levi’s), for requesting and recording e-mail addresses from customers paying for purchases with a credit card, allegedly in violation of the Song-Beverly Credit Card Act of 1971 (Civ. Code, § 1747 et seq.) (the Act), specifically section 1747.08. The trial court determined that plaintiff’s complaint fails to satisfy the requirements for certification of a class, based on its conclusion that section 1747.08 does not prohibit the collection of personal identification information once a credit card transaction has been concluded. The appeal turns on the correctness of this interpretation of the Act. Since we conclude the trial court correctly-interpreted the statute, we shall affirm the order denying class certification.

Background

Plaintiff’s first amended complaint alleges that “plaintiff entered into a credit card purchase transaction with defendants, which did not involve mail order, shipping or cash advances. However, as part of defendants’ information capture policy, and in conjunction with the…

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