(a)Except as provided in subdivision (c), no person, firm, partnership, association, or corporation that accepts credit cards for the transaction of business shall do any of the following:
(1)Request, or require as a condition to accepting the credit card as payment in full or in part for goods or services, the cardholder to write any
personal identification information upon the credit card transaction form or otherwise.
(2)Request, or require as a condition to accepting the credit card as payment in full or in part for goods or services, the cardholder to provide personal identification information, which the person, firm, partnership, association, or corporation accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise.
(3)Utilize, in any credit card transaction, a credit card form which contains preprinted spaces specifically designated for filling in any personal identification information of the cardholder.
(b)For purposes of this section “personal identification information,” means information concerning the cardholder, other than information set forth on the credit
card, and including, but not limited to, the cardholder’s address and telephone number.
(c)Subdivision (a) does not apply in the following instances:
(1)If the credit card is being used as a deposit to secure payment in the event of default, loss, damage, or other similar occurrence.
(2)Cash advance transactions.
(3)If any of the following applies:
(A)The person, firm, partnership, association, or corporation accepting the credit card is contractually obligated to provide personal identification information in order to complete the credit card transaction.
(B)The person, firm, partnership, association, or corporation
accepting the credit card in a sales transaction at a retail motor fuel dispenser or retail motor fuel payment island automated cashier uses the Zip Code information solely for prevention of fraud, theft, or identity theft.
(C)The person, firm, partnership, association, or corporation accepting the credit card is obligated to collect and record the personal identification information by federal or state law or regulation.
(4)If personal identification information is required for a special purpose incidental but related to the individual credit card transaction, including, but not limited to, information relating to shipping, delivery, servicing, or installation of the purchased merchandise, or for special orders.
(d)This section does not prohibit any person, firm, partnership, association, or corporation from
requiring the cardholder, as a condition to accepting the credit card as payment in full or in part for goods or services, to provide reasonable forms of positive identification, which may include a driver’s license or a California state identification card, or where one of these is not available, another form of photo identification, provided that none of the information contained thereon is written or recorded on the credit card transaction form or otherwise. If the cardholder pays for the transaction with a credit card number and does not make the credit card available upon request to verify the number, the cardholder’s driver’s license number or identification card number may be recorded on the credit card transaction form or otherwise.
(e)Any person who violates this section shall be subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation and one thousand dollars ($1,000) for each subsequent
violation, to be assessed and collected in a civil action brought by the person paying with a credit card, by the Attorney General, or by the district attorney or city attorney of the county or city in which the violation occurred. However, no civil penalty shall be assessed for a violation of this section if the defendant shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error made notwithstanding the defendant’s maintenance of procedures reasonably adopted to avoid that error. When collected, the civil penalty shall be payable, as appropriate, to the person paying with a credit card who brought the action, or to the general fund of whichever governmental entity brought the action to assess the civil penalty.
(f)The Attorney General, or any district attorney or city attorney within his or her respective jurisdiction, may bring an action in the superior court in the name of the people
of the State of California to enjoin violation of subdivision (a) and, upon notice to the defendant of not less than five days, to temporarily restrain and enjoin the violation. If it appears to the satisfaction of the court that the defendant has, in fact, violated subdivision (a), the court may issue an injunction restraining further violations, without requiring proof that any person has been damaged by the violation. In these proceedings, if the court finds that the defendant has violated subdivision (a), the court may direct the defendant to pay any or all costs incurred by the Attorney General, district attorney, or city attorney in seeking or obtaining injunctive relief pursuant to this subdivision.
(g)Actions for collection of civil penalties under subdivision (e) and for injunctive relief under subdivision (f) may be consolidated.
(h)The changes made to this section by
Chapter 458 of the Statutes of 1995 apply only to credit card transactions entered into on and after January 1, 1996. Nothing in those changes shall be construed to affect any civil action which was filed before January 1, 1996.
Notes of Decisions
Korn v. Polo Ralph Lauren Corp., 644 F. Supp. 2d 1212 (E.D. Cal. 2008).
· cites it 10× “This matter is before the court on defendant Polo Ralph Lauren Corporation’s (“defendant” or “Polo”) motion to dismiss or, alternatively, motion to strike portions of plaintiff Brian Korn’s (“plaintiff” or “Korn”) complaint for violations of the Song-Beverly Credit Card Act of…”
Big 5 Sporting Goods Corp. v. Zurich Am. Ins., 957 F. Supp. 2d 1135 (D. Cal. 2013).
· cites it 12× “) In 1991, the section of the Song-Beverly Act that pertains to “personal identification information” and credit card transactions was added and codified in California Civil Code Section 1747.08. The legislative history of the Song-Beverly Act as discussed in the Legislative…”
Gass v. Best Buy Co., 279 F.R.D. 561 (C.D. Cal. 2012).
· cites it 10× “) Based on this alleged conduct, the Complaint stated causes of action for violations of California Civil Code section 1747.08 (the Song-Beverly Credit Card Act) and California’s Unfair Competition Law.”
John Sinibaldi v. Redbox Automated Retail, 754 F.3d 703 (9th Cir. 2014).
· cites it 19× “08(a) of the Act, because it fell within the exception of Cal. Civ. Code § 1747.08 (c)(1) where the customer’s credit card was used as a deposit to secure payment in the event of loss or late return.”
Nat'l Union Fire Ins. v. Coinstar, Inc., 39 F. Supp. 3d 1149 (W.D. Wash. 2014).
· cites it 8× “The Mehrens Lawsuit The Mehrens lawsuit is a class action lawsuit asserting violations of California’s Song-Beverly Credit Card Act, codified at Cal. Civ.Code § 1747.08, which forbids entities that accept credit cards for the transaction of business from requesting or requiring…”
Hernandez v. Restoration Hardware, Inc., 409 P.3d 281 (Cal. 2018).
“( Civ. Code, § 1747.08.) After several years of litigation, the court certified the case as a class action and appointed plaintiffs Mike Hernandez and Amanda Georgino as class representatives (collectively Representatives).”
Pineda v. Williams-Sonoma Stores, Inc., 246 P.3d 612 (Cal. 2011).
“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.”
Korn v. Polo Ralph Lauren Corp., 536 F. Supp. 2d 1199 (E.D. Cal. 2008).
“BACKGROUND On November 2, 2007, plaintiff filed a class action complaint in the Solano County Superior Court in the State of California (hereinafter “the complaint”), alleging two causes of action for violations of California Civil Code § 1747.08, arising out of defendant’s (1)…”
Tyler v. Michaels Stores, Inc., 984 N.E.2d 737 (Mass. 2013).
“In the Pineda case, the court held that a zip code is personal identification information for the purposes of a California statute, Cal. Civ. Code § 1747.08 (2005) (§ 1747.08), which, the court explained, was specifically aimed at protecting consumer privacy.”
Saulic v. Symantec Corp., 596 F. Supp. 2d 1323 (C.D. Cal. 2009).
· cites it 4× “This class action suit challenges defendants’ use of a credit card form with a preprinted space for a customer’s personal identifying information (“PII”) in the consummation of its online sales as a violation of the Song-Beverly Credit Card Act, California Civil Code § 1747.08…”
Lewis v. Safeway, Inc., 235 Cal. App. 4th 385 (Cal. Ct. App. 2015).
· cites it 4× “(Civ. Code, § 1747.08, subd. (a)(2).) Plaintiff *388 Mark Lewis filed a putative class action against defendant Safeway, Inc.”
Concepcion v. Amscan Holdings, Inc., 223 Cal. App. 4th 1309 (Cal. Ct. App. 2014).
“We reverse the fee and cost award and remand the matter for a new fee hearing at which class counsel presents, and the trial court considers, only evidence made available to Party City.”
— Cal. Civil Code § 1747.08(a) — 6 cases
Big 5 Sporting Goods Corp. v. Zurich Am. Ins., 957 F. Supp. 2d 1135 (D. Cal. 2013).
“) In 1991, the section of the Song-Beverly Act that pertains to “personal identification information” and credit card transactions was added and codified in California Civil Code Section 1747.08. The legislative history of the Song-Beverly Act as discussed in the Legislative…”
Saulic v. Symantec Corp., 596 F. Supp. 2d 1323 (C.D. Cal. 2009).
“This class action suit challenges defendants’ use of a credit card form with a preprinted space for a customer’s personal identifying information (“PII”) in the consummation of its online sales as a violation of the Song-Beverly Credit Card Act, California Civil Code § 1747.08…”
Korn v. Polo Ralph Lauren Corp., 644 F. Supp. 2d 1212 (E.D. Cal. 2008).
“This matter is before the court on defendant Polo Ralph Lauren Corporation’s (“defendant” or “Polo”) motion to dismiss or, alternatively, motion to strike portions of plaintiff Brian Korn’s (“plaintiff” or “Korn”) complaint for violations of the Song-Beverly Credit Card Act of…”
John Sinibaldi v. Redbox Automated Retail, 754 F.3d 703 (9th Cir. 2014).
“08(a) of the Act, because it fell within the exception of Cal. Civ. Code § 1747.08 (c)(1) where the customer’s credit card was used as a deposit to secure payment in the event of loss or late return.”
— Cal. Civil Code § 1747.08(a)(2) — 4 cases
Korn v. Polo Ralph Lauren Corp., 644 F. Supp. 2d 1212 (E.D. Cal. 2008).
“This matter is before the court on defendant Polo Ralph Lauren Corporation’s (“defendant” or “Polo”) motion to dismiss or, alternatively, motion to strike portions of plaintiff Brian Korn’s (“plaintiff” or “Korn”) complaint for violations of the Song-Beverly Credit Card Act of…”
— Cal. Civil Code § 1747.08(a)(3) — 2 cases
Korn v. Polo Ralph Lauren Corp., 644 F. Supp. 2d 1212 (E.D. Cal. 2008).
“This matter is before the court on defendant Polo Ralph Lauren Corporation’s (“defendant” or “Polo”) motion to dismiss or, alternatively, motion to strike portions of plaintiff Brian Korn’s (“plaintiff” or “Korn”) complaint for violations of the Song-Beverly Credit Card Act of…”
Nat'l Union Fire Ins. v. Coinstar, Inc., 39 F. Supp. 3d 1149 (W.D. Wash. 2014).
“The Mehrens Lawsuit The Mehrens lawsuit is a class action lawsuit asserting violations of California’s Song-Beverly Credit Card Act, codified at Cal. Civ.Code § 1747.08, which forbids entities that accept credit cards for the transaction of business from requesting or requiring…”
— Cal. Civil Code § 1747.08(a)(l) — 1 case
Nat'l Union Fire Ins. v. Coinstar, Inc., 39 F. Supp. 3d 1149 (W.D. Wash. 2014).
“The Mehrens Lawsuit The Mehrens lawsuit is a class action lawsuit asserting violations of California’s Song-Beverly Credit Card Act, codified at Cal. Civ.Code § 1747.08, which forbids entities that accept credit cards for the transaction of business from requesting or requiring…”
— Cal. Civil Code § 1747.08(b) — 3 cases
Korn v. Polo Ralph Lauren Corp., 644 F. Supp. 2d 1212 (E.D. Cal. 2008).
“This matter is before the court on defendant Polo Ralph Lauren Corporation’s (“defendant” or “Polo”) motion to dismiss or, alternatively, motion to strike portions of plaintiff Brian Korn’s (“plaintiff” or “Korn”) complaint for violations of the Song-Beverly Credit Card Act of…”
Nat'l Union Fire Ins. v. Coinstar, Inc., 39 F. Supp. 3d 1149 (W.D. Wash. 2014).
“The Mehrens Lawsuit The Mehrens lawsuit is a class action lawsuit asserting violations of California’s Song-Beverly Credit Card Act, codified at Cal. Civ.Code § 1747.08, which forbids entities that accept credit cards for the transaction of business from requesting or requiring…”
Gass v. Best Buy Co., 279 F.R.D. 561 (C.D. Cal. 2012).
“) Based on this alleged conduct, the Complaint stated causes of action for violations of California Civil Code section 1747.08 (the Song-Beverly Credit Card Act) and California’s Unfair Competition Law.”
— Cal. Civil Code § 1747.08(b)(4) — 1 case
John Sinibaldi v. Redbox Automated Retail, 754 F.3d 703 (9th Cir. 2014).
“08(a) of the Act, because it fell within the exception of Cal. Civ. Code § 1747.08 (c)(1) where the customer’s credit card was used as a deposit to secure payment in the event of loss or late return.”
— Cal. Civil Code § 1747.08(c) — 1 case
Gass v. Best Buy Co., 279 F.R.D. 561 (C.D. Cal. 2012).
“) Based on this alleged conduct, the Complaint stated causes of action for violations of California Civil Code section 1747.08 (the Song-Beverly Credit Card Act) and California’s Unfair Competition Law.”
— Cal. Civil Code § 1747.08(c)(1) — 1 case
John Sinibaldi v. Redbox Automated Retail, 754 F.3d 703 (9th Cir. 2014).
“08(a) of the Act, because it fell within the exception of Cal. Civ. Code § 1747.08 (c)(1) where the customer’s credit card was used as a deposit to secure payment in the event of loss or late return.”
— Cal. Civil Code § 1747.08(c)(4) — 1 case
Gass v. Best Buy Co., 279 F.R.D. 561 (C.D. Cal. 2012).
“) Based on this alleged conduct, the Complaint stated causes of action for violations of California Civil Code section 1747.08 (the Song-Beverly Credit Card Act) and California’s Unfair Competition Law.”
— Cal. Civil Code § 1747.08(e) — 4 cases
Big 5 Sporting Goods Corp. v. Zurich Am. Ins., 957 F. Supp. 2d 1135 (D. Cal. 2013).
“) In 1991, the section of the Song-Beverly Act that pertains to “personal identification information” and credit card transactions was added and codified in California Civil Code Section 1747.08. The legislative history of the Song-Beverly Act as discussed in the Legislative…”
Korn v. Polo Ralph Lauren Corp., 644 F. Supp. 2d 1212 (E.D. Cal. 2008).
“This matter is before the court on defendant Polo Ralph Lauren Corporation’s (“defendant” or “Polo”) motion to dismiss or, alternatively, motion to strike portions of plaintiff Brian Korn’s (“plaintiff” or “Korn”) complaint for violations of the Song-Beverly Credit Card Act of…”
Gass v. Best Buy Co., 279 F.R.D. 561 (C.D. Cal. 2012).
“) Based on this alleged conduct, the Complaint stated causes of action for violations of California Civil Code section 1747.08 (the Song-Beverly Credit Card Act) and California’s Unfair Competition Law.”
— Cal. Civil Code § 1747.08(f) — 1 case
Big 5 Sporting Goods Corp. v. Zurich Am. Ins., 957 F. Supp. 2d 1135 (D. Cal. 2013).
“) In 1991, the section of the Song-Beverly Act that pertains to “personal identification information” and credit card transactions was added and codified in California Civil Code Section 1747.08. The legislative history of the Song-Beverly Act as discussed in the Legislative…”
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