What Have We Learned About Avoiding Song-Beverly Act Class Actions

Shortly after the California Supreme Court held that zip codes were “personally-identifiable information” (“PII”) in Pineda v. Superior Court, 51 Cal. 4th 524, 120 Cal. Rptr. 3d 531, 246 P.3d 612 (2011), an avalanche of consumer class action lawsuits descended upon California merchants based on claimed violations of the Song-Beverly Credit Card Act of 1971 (“Credit Card Act”). Since that time, the California courts have issued numerous rulings outlining when, and under what circumstances, retailers can request information without running afoul of the privacy protections set out in the Credit Card Act. This article discusses steps to help retailers avoid Credit Card Act class actions or position such cases for early dismissal at the class certification and/or summary judgment stages.