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Category Archives: Credit Card Transaction

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One Beacon Files DJ: No CGL Coverage for Retailers in Zip Code Disputes

Posted in Coverage, Credit Card Transaction, Damages, Declaratory Judgment Litigation, Insurance

OneBeacon  America Insurance Company filed a DJ against retailers Urban Outfitters and Anthropologie in federal court in Pennsylvania on September 10, 2013.  The retailers have been sued in ”Zip Code Actions” brought by consumers alleging that the stores request zip codes when completing credit card transactions, a practice that allegedly violates consumer protection and privacy laws in the District… Continue Reading

UPDATE: California Governor Signs Bill Exempting Gas Stations from Song-Beverly Zip Code Prohibition

Posted in Business Practices, Credit Card Transaction, Privacy Legislation, Retail

UPDATE (November 15, 2011):  On October 9, 2011, California Governor Edmund G. Brown, Jr. signed Assembly Bill 1219, exempting gas stations from the Song-Beverly/Pineda prohibition on collecting zip codes in certain instances.  The new law took effect immediately. As we previously reported, Assembly Bill 1219 was initially intended to counteract the impact of the Pineda… Continue Reading

UPDATE: California Bill to Counteract Pineda Watered Down Yet Again

Posted in Credit Card Transaction, Privacy Legislation, Retail

UPDATE:  On August 25, 2011, the California Senate Judiciary Committee voted to pass Assembly Bill 1219, which will allow gas stations to collect zip codes from customers in certain instances.  Before doing so, however, the Committee amended the bill to include an urgency clause.  According to the amendment, the “immediate implementation of this statute will prevent… Continue Reading

Hartford Denies Coverage for Song-Beverly Claims

Posted in Class Action, Coverage, Credit Card Transaction, Insurance, Privacy Legislation, Retail

The Hartford Fire Insurance Company has filed at least two suits against insureds seeking a declaration that CGL policies it issued do not provide coverage for Song-Beverly claims filed in the wake of the Pineda decision. Hartford filed suits in Illinois federal court against Euromarket Designs, Inc. (a/k/a Crate & Barrel) and in New Jersey federal… Continue Reading

Michaels Moves to Dismiss Massachusetts Pineda-Like Suit

Posted in Credit Card Transaction, Privacy Legislation, Retail

As we previously reported, a Michaels customer filed a Pineda-like suit in Massachusetts federal court alleging that the collection of zip codes by the arts and crafts retailer violated the Massachusetts Unfair Trade Practices Act.  Late last month, Michaels moved to dismiss the complaint. Although plaintiff’s allegations are based on Pineda and specifically refer to… Continue Reading

Retailers (and their Insurers) Dealt Another Blow in California

Posted in Class Action, Credit Card Transaction, Privacy Legislation, Retail

Retailers were dealt a blow in February when the California Supreme Court ruled in Pineda v. Williams-Sonoma, Inc. that a zip code constitutes “personal identifciation information” under the Song-Beverly Credit Card Act of 1971, thus prohibiting retailers from requesting such information.  Although the California legislature responded quickly by proposing legislation that would limit the effects of the… Continue Reading

Emailed Receipts Exempt from FACTA Requirments

Posted in Credit Card Transaction, FACTA, Privacy, Privacy Legislation, Retail

An electronic receipt transmitted to a customer via email is not subject to the FACTA privacy regulations according to the 9th Circuit.  While retailers are continuing to struggle with the remifications of the California Supreme Court Pineda decision (See our post here), the 9th Circuit decision in Simonff v. Expedia, Inc. represents a small victory. After… Continue Reading

Pineda Fall-Out Continues in California

Posted in Credit Card Transaction, Privacy, Retail

The California legislature has reacted swiftly and across party lines to stem the litigation flood in the wake of Pineda v. Willams-Sonoma Stores, Inc.  In that case, the  California Supreme Court ruled unanimously that a zip code constitutes “personal identification information” under the Song-Beverly Credit Card Act of 1971. (California Civil Code Section 1747.08(b).  [Pineda v Williams Sonoma, Inc.] … Continue Reading