Lexis Nexis - Case Brief

Not a Lexis Advance subscriber? Try it out for free.

Law School Case Brief

Apple Inc. v. Superior Court - 56 Cal. 4th 128, 151 Cal. Rptr. 3d 841, 292 P.3d 883 (2013)

Rule:

Civ. Code, § 1747.08, which prohibits retailers from requesting, or requiring as a condition to accepting a credit card as payment, the cardholder to write any personal identification information upon the credit card transaction form or otherwise, does not apply to online purchases in which the product is downloaded electronically.

Facts:

In a case concerning the purchase of an electronic download via the Internet, plaintiff cardholder alleged that defendant online retailer, Apple Inc., required him to provide his address and telephone number as a condition of accepting his credit card as payment. The trial court ruled in favor of the plaintiff and the decision was affirmed on appeal.

Issue:

Does the prohibition on writing personal identification to accept credit card as payment apply to online purchases?

Answer:

No.

Conclusion:

The judgment of the appellate court was reversed, and the matter was remanded to that court with directions to issue a writ. The court held that Civ. Code, § 1747.08, which prohibits retailers from requesting, or requiring as a condition to accepting a credit card as payment, the cardholder to write any personal identification information upon the credit card transaction form or otherwise, does not apply to online purchases in which the product is downloaded electronically. The statutory scheme, considered as a whole, revealed that the legislature intended to safeguard consumer privacy while also protecting retailers and consumers against fraud.

Access the full text case Not a Lexis Advance subscriber? Try it out for free.
Be Sure You're Prepared for Class