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Consumer Law
Consumer Protection
Personal Information In Connection With Credit Card Purchases

Smith v. Home Consignment Center

Published: Feb. 26, 2011 | Result Date: Jun. 1, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 34-2008-00013649-CU-BT-GDS Settlement –  Equitable Settlement

Court

Sacramento Superior


Attorneys

Plaintiff

James M. Lindsay


Defendant

Jordan S. Altura
(Gordon & Rees LLP)


Facts

A single plaintiff filed a putative class action against Home Consignment Center, claiming that prior to Aug. 30, 2008, he was asked to give his address and/or telephone number when making credit purchases with Home Consignment Center.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant's requests for personal information in connection with credit card purchases constituted a violation of California law.

DEFENDANT'S CONTENTIONS:
Defendant contended plaintiff's claims had no merit, because to the extent defendant did request customer telephone numbers or addresses, this was for a legitimate business purpose that was explicitly permitted under applicable law.

Result

The parties stipulated to a settlement class and defendant agreed to send each class member a coupon that entitled the class member to a 50% discount off any single item valued at $20 or less, a 30% discount of any single item valued at $100 or less, or a 20% discount off any single item regardless of price.


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