California Court of Appeal

In this class action, plaintiff sued defendants on behalf of herself and similarly situated individuals, alleging that defendants violated Civil Code section 1747.08 of the Song-Beverly Credit Card Act by routinely requesting and recording personal identification information, namely ZIP codes, from customers using credit cards in its retail stores in California. The trial court's order denying class certification on grounds that the proposed class is not ascertainable is reversed and remanded, where: 1) the trial court applied improper criteria in determining that there was no ascertainable class; and 2) the class here describes a set of common characteristics sufficient to allow a member of that group to identify himself or herself as having a right to recover based on the description, and plaintiff has proposed an objective method for identifying class members when that identification becomes necessary.

Appellate Information

• Decided 03/06/2015
• Published 03/06/2015

Judges

• Blease

Court

• California Court of Appeal

Counsel