Song-Beverly Act Liability Turns on Card Receipt

A retail store’s policy of permitting cashiers to collect personally identifiable information from customers only after providing customers with payment card receipts does not violate California’s Song-Beverly Credit Card Act, the U.S. District Court for the Eastern District of California held Dec. 14 (Davis v. Devanlay Retail Group Inc., E.D. Cal., 2:11-cv-01719-KJM-CKD, 12/17/12).

The Song-Beverly Act, Cal. Civ. Code § 1747.08(a)(2), prohibits companies from “[r]equest[ing], or requir[ing] 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 … .” The plaintiff alleged in ...