Tag Archives: credit card

Wal-Mart Prevails in Credit Card Class Battle Over Practice of Collecting Addresses and Phone Numbers

Photo of Julian PerlmanBy Julian Perlman on Posted in Class Actions Privacy, Consumer Class Action
Editor’s Note: This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. In a victory for Wal-Mart Stores, Inc., a federal district court judge has refused to certify a Rule 23(b)(3) class in a lawsuit for violation of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747 et seq., available here. Plaintiff … Continue Reading

Class Action Plaintiffs Lack Standing under Clapper to Sue Barnes & Noble for Credit Card Data Breach

By Judy Selby on Posted in Class Actions Privacy, Data Breach
Relying heavily on the Supreme Court’s recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a “skimming” data breach against Barnes & Noble (BN).  In re Barnes & Noble Pin Pad Litigation, Case # 12-cv-8617 (N.D.Ill. Sept. 3, 2013)  The plaintiffs filed suit against BN following its disclosure that “skimmers” potentially stole … Continue Reading

Massachusetts Echoes California and Disavows Data Mining by Zip Code

By Yulia Fradkin on Posted in Class Actions Privacy, Class Certification, Consumer Fraud
In a decision last week, the Massachusetts Supreme Court held that zip codes are personally identifiable information, perhaps serving as a harbinger for other state court decisions still to come. This ruling is important for all retailers when considering their privacy practices in conjunction with ever-evolving privacy laws, especially in the class action context. In Tyler … Continue Reading

Data Breach Class Actions on The Rise

By Matthew J. Moody on Posted in Data Breach
A recent Ninth Circuit decision will allow a class action brought under California’s Song-Beverly Credit Card Act (Song-Beverly Act) against Louis Vuitton to proceed in federal court.  In Morey v. Louis Vuitton North America, Inc., No. 11-56916, 2011 WL 6256963 (9th Cir. Dec. 15, 2011), Plaintiff filed a putative class action against Louis Vuitton for … Continue Reading
LexBlog