buy.com

MEMORANDUM

Michael Ambers appeals from the district court’s grant of a motion to dismiss brought by Buy.com. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. Because the parties are familiar with the history of this case, we need not recount it here.

Ambers alleges Buy.com violated the Song-Beverly Credit Card Act (“the Act”), Cal. Civ.Code § 1747.08, when the online retailer required him to record his telephone number on a webform during the checkout process using a credit card to purchase a set of DVDs. He brings a putative class action on behalf of all Buy.com customers similarly situated.

“When interpreting state law, federal courts are bound by decisions of the state’s highest court. In the absence of such a decision, a federal court must predict how the highest state court would decide the issue using intermediate appellate court decisions, decisions from other jurisdictions, statutes, treatises, and restatements as guidance.” Easyriders Freedom F.I.G.H.T. v. Hannigan, 92 F.3d 1486 , 1494 n. 4 (9th Cir.1996) (citations and quotation marks omitted).

The California Supreme Court has not squarely decided the issue presented by this case, and no California case…