CyBIR: Cyber and Privacy Breaches – Insurance and Reinsurance Data Privacy Lawyers: Walker Wilcox & Matousek Law Firm

Category Archives: Credit Card Transaction

Subscribe to Credit Card Transaction RSS Feed

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