Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Redbox Wins Consumer Data Suit

Author: Scarinci Hollenbeck, LLC

Date: June 18, 2014

Key Contacts

Back

Consumer data has become an important subject of debate in America

This issue has become more prominent since government leaks revealed that U.S. intelligence organizations have access to vast amounts of meta-data. Much of this data is taken from large tech companies, which routinely collect users’ personal information.

I recently came across a lawsuit in which a divided panel of the California 9th Circuit ruled that Redbox, the automated DVD rental company, did not violate the state’s laws by requiring customers to input their ZIP codes to use the service. Hoping to escalate to a class action lawsuit, California residents John Sinibaldi and Nicolle DeSimone filed a suit against the company that alleged it violated California’s Song-Beverly Credit Card Act by demanding personal information.

What is the Song-Beverly Credit Card Act?

Also known as California Civil Code section 1747.08(a), the Song Beverly Credit Card Act says, in short, that persons and organizations that accept credit cards for business transactions are not allowed to require or request that the cardholder provide them with personally identifiable information as a condition to accepting a credit card as payment. It’s been a pretty hot topic in 2014, considering it was amended early in the year to apply to online credit card transactions of downloadable content.

The Act was put in place in 1971, but was amended in 1991 to address two privacy concerns. According to California’s Song-Beverly Credit Card Act: The Past, Present, and Future, a report by The Bureau of National Affairs, Inc., the primary reasons for the amendment, the largest change of which was the inclusion of the language that barred requests for information, were (1) concerns about consumer spending habits being tracked and then sold, and (2) acts of harassment being conducted by store clerks with access to consumer information.

I find the Song-Beverly Act interesting in that it often gets interpreted to mean any request for personal information in California. This is a serious contrast to the rest of the United States, in which it seems impossible to pay for something at the mall without giving up a ZIP code, email address, favorite color and blood type to the dispassionate clerks behind the counter.

Judges rule in Redbox’s favor

U.S. District Judge Jacqueline Nguyen dismissed the case in a Los Angeles court, and the Pasadena-based federal appeals court affirmed the ruling 2-1 June 6. The argument that Redbox advanced and that the courts upheld is that the company’s gathering of ZIP codes falls under Section 1747.08(c)(1)-(4), which provides exceptions to the prohibitions outlined in the law.

Section 1747.08(c)(1) specifically is the exception used by Redbox, which reads, “If the credit card is being used as a deposit to secure payment in the event of default, loss, damage, or other similar occurrence.”

Judge Richard Clifton wrote for the majority that the Redbox transaction in question fits within the exception. Judge Stephen Reinhardt, the dissenter, explained that he feels that the credit card is being used “to secure the charges that constitute the primary agreement between customers and Redbox, charges that are therefore unrelated to ‘default, loss, damage, or similar occurrence.'”

As the security of consumer information continues to weigh heavily on the public’s mind, I think that it is fair to assume that we will see more lawsuits like this one in the near future.

If you have any questions about this post or would like to discuss your sports and entertainment matters , please contact me, Anthony R. Caruso at www.ScarinciHollenbeck.com. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!