Harrold
Harrold v. Levi Strauss & Co.
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…