Folgelstrom

Plaintiff and appellant James C. Folgelstrom (plaintiff) appeals the judgment entered in favor of Lamps Plus, Inc. (Lamps Plus), following the latter’s demurrer to plaintiffs’ complaint. Based on the holding of Pineda v. Williams-Sonoma Stores, Inc. (2011) 51 Cal.4th 524 [ 120 *989 Cal.Rptr.3d 531 , 246 P.3d 612 ] (Pineda), we reverse the judgment and order the trial court to overrule the demurrer to plaintiff’s cause of action alleging a violation of the Song-Beverly Credit Card Act of 1971 (Credit Card Act) (Civ. Code, § 1747 et seq.). We hold that the trial court properly sustained the demurrers addressed to the additional causes of action alleged by plaintiff, as we explain below.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff filed this lawsuit against Lamps Plus, alleging that the retailer routinely asks its customers for their ZIP codes during credit card transactions so that it can obtain their home addresses for the purpose of mailing marketing materials to them. According to plaintiff’s complaint, Lamps Plus misrepresents the purpose of requesting the ZIP code, either actively (by falsely stating that it is needed for surveys) or passively (by relying on the…