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Pineda v. Williams-Sonoma Stores, Inc.

Supreme Court of California

February 10, 2011, Filed

S178241

Opinion

 [***533]   [**614]  MORENO, J.—The Song-Beverly Credit Card Act of 1971 (Credit Card Act) (Civ. Code, § 1747 et seq.) is “designed to promote consumer protection.” (Florez v. Linens 'N Things, Inc. (2003) 108 Cal.App.4th 447, 450 [133 Cal. Rptr. 2d 465] (Florez).) One of its provisions, section 1747.08, prohibits businesses from requesting that cardholders provide “personal identification information” during credit card transactions, and then recording that information. (Civ. Code, § 1747.08, subd. (a)(2).) 1 

Plaintiff sued defendant retailer, asserting a violation of the Credit Card Act. Plaintiff alleges that while she was paying for a purchase with her credit card in one of defendant's stores, the cashier asked plaintiff for her Zip Code. Believing it necessary to complete the transaction, plaintiff  [****3] provided the requested information and the cashier recorded it. Plaintiff further alleges that defendant subsequently used her name and Zip Code to locate her home address. 2 

CA(1)(1) We are now asked to resolve whether section 1747.08 is violated when a business requests and records a customer's Zip Code during a credit card transaction. In light of the statute's plain language, protective purpose, and legislative history, we conclude ] a Zip Code constitutes “personal identification information” as that phrase is used in section 1747.08. Thus, requesting and recording a cardholder's Zip Code, without more, violates the Credit  [*528]  Card Act. We therefore reverse the contrary judgment of the Court of Appeal and remand for further proceedings consistent with our decision.

Facts and Procedural History

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51 Cal. 4th 524 *; 246 P.3d 612 **; 120 Cal. Rptr. 3d 531 ***; 2011 Cal. LEXIS 1355 ****

JESSICA PINEDA, Plaintiff and Appellant, v. WILLIAMS-SONOMA STORES, INC., Defendant and Respondent.

Subsequent History: Reported at Pineda (Jessica) v. Williams-Sonoma Stores, Inc., 2011 Cal. LEXIS 1502 (Cal., Feb. 10, 2011)

Prior History:  [****1] Superior Court of San Diego County, No. 37-2008-00086061-CU-BT-CTL, Ronald S. Prager, Judge. Court of Appeal, Fourth Appellate District, Division One, No. D054355.

Pineda v. Williams-Sonoma Stores, Inc., 178 Cal. App. 4th 714, 100 Cal. Rptr. 3d 458, 2009 Cal. App. LEXIS 1699 (Cal. App. 4th Dist., 2009)

CORE TERMS

cardholder's, personal identification information, credit card, recording, retailers, consumer, card, identification, pertain, address and telephone number, accepting, customers, credit card transaction, legislative history, telephone number, requesting, cashier, italics, license

Banking Law, Consumer Protection, State Law, General Overview, Governments, Legislation, Interpretation, Civil Procedure, Responses, Defenses, Demurrers & Objections, Demurrers, Appeals, Standards of Review, De Novo Review, Remedies