On June 26, 2008, in Absher v. Autozone, Inc. et al. (2008), the California Court of Appeal in the Second Appellate District, confirmed that California’s Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08 (hereinafter, the “Act”) does not apply to a refund for the return of merchandise purchased by credit card.
TJX
No Shopping Spree for Plaintiffs Under California’s Song-Beverly Credit Card Act
On May 22, 2008, the California Court of Appeal narrowed the scope of claims available under California’s Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08, ruling that the statute is subject to the one-year statute of limitations of Code of Civil Procedure section 340 and does not apply to merchandise returns.
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Governor Schwarzenegger Says No to California A.B. 779
On Saturday, California Governor Arnold Schwarzenegger vetoed AB 779, legislation that would have amended California’s landmark data security breach legislation. The bill would have been the first to follow law enacted by Minnesota earlier this year and effective August 1, 2007, that amended Minnesota’s security breach notification law by, among other things, prohibiting businesses from retaining certain payment card data after authorization of a transaction.
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