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Consumer Law
Song-Beverly Act
Requesting and Recording Personal Identification

Tammie Davis, an individual, and Valeria Lletget, an individual, on behalf of themselves and all others similarly situated v. Cole Haan Inc., a Maine corporation, and Does 1 through 50 inclusive

Published: Dec. 14, 2013 | Result Date: Nov. 14, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:11-cv-01826-JSW Settlement –  Vouchers

Court

USDC Northern


Attorneys

Plaintiff

James R. Patterson
(Patterson Law Group APC)

Richard D. Lambert
(Stonebarger Law APC)

Gene J. Stonebarger
(Stonebarger Law APC)


Defendant

Beatriz Mejia
(Cooley LLP)

Michelle C. Doolin
(Cooley LLP)

Matthew M. Brown


Facts

Tammie Davis, Valeria Lletget, and Stefani Conception filed a class action against Cole Haan Inc., alleging violation of the Song-Beverly Credit Card Act (Act).

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff contended that between March 4, 2010 and May 21, 2013, defendant requested customers' personal identification information, including their ZIP code, when they used their credit cards to make purchases at Cole Haan's California stores. Plaintiffs contended that this conduct violated the Song-Beverly Credit Card Act, which prohibits retailers from collecting and recording consumers' personal identifying information as a condition of accepting credit card payments.

DEFENDANTS' CONTENTIONS:
Defendant Cole Haan denied any wrongdoing and asserted several affirmative defenses. Defendant Cole Haan claimed that it didn't violate the Act or any other laws related to its conduct.

Result

The parties reached a mediated settlement. Cole Haan agreed to provide $20 in merchandise vouchers to the 91 class members who timely submitted their claims. Cole Haan also agreed to provide 30 percent off merchandise vouchers to 13,700 class members who failed to validly or timely submit a claim form.


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