Privacy Law Blog

Tag Archives: Song-Beverly Credit Card Act

California Court of Appeal Says Chevron Can Collect ZIP Code Information for Pay-at-the-Pump Transactions

On June 20, 2013, the California Court of Appeal affirmed the dismissal of a putative class action which alleged that Chevron violated California’s Song-Beverly Credit Card Act (“Song-Beverly”) by requiring California customers to enter ZIP codes in pay-at-the-pump gas station transactions in locations with a high risk of fraud. Flores v. Chevron U.S.A. Inc., No. … Continue Reading

Massachusetts Federal Judge Says ZIP Code is Definitely Maybe “Personal Identification Information” . . . Implores Parties to Seek State Court Certification.

In an extension of the spate of litigation surrounding California's Song-Beverly Credit Card Act and other laws like it, the U.S. District Court for the District of Massachusetts in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY (D. Mass. Jan. 6, 2012), followed the California Supreme Court's lead in ruling that ZIP codes are "personal identification information" within the meaning of Mass. Gen. Laws, ch. 93, § 105(a). The court nonetheless dismissed the plaintiff's putative class action because she failed to allege any legally cognizable harm as a result of Michaels' collection of her ZIP code in connection with a credit card transaction. Retailers who were unhappy with the California Supreme Court's opinion in Pineda probably will not be any more pleased with the court's ZIP code reasoning here. But the result? You bet! … Continue Reading
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