United States Ninth Circuit

Dismissal of a putative class action alleging that defendant violated California's Song-Beverly Credit Card Act of 1971 is affirmed, where: 1) alleged conduct of requiring customers who obtain movie or video game discs from their kiosks to provide their ZIP codes, did not violate the Act; and 2) defendant's collection of personal information in connection with the rental transaction fell outside the reach of section 1747.08(a) of the Act, because it fell within the exception of Cal. Civ. Code section 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.

Appellate Information

• Decided 06/06/2014
• Published 06/06/2014

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel