Tammie Davis, individually and on behalf of all others similarly situated v. Devanlay Retail Group Inc.
Published: Jan. 12, 2013 | Result Date: Dec. 14, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-01719-KJM-CKD Summary Judgment – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Richard D. Lambert
(Stonebarger Law APC)
Gene J. Stonebarger
(Stonebarger Law APC)
James R. Patterson
(Patterson Law Group APC)
Defendant
Scott R. Hatch
(Call & Jensen APC)
Matthew R. Orr
(Amin, Talati & Wasserman LLP)
Facts
A consumer class action was filed against Devanlay Retail Group Inc., the worldwide licensee for Lacoste apparel, alleging violations of the Song-Beverly Act for its policy of collecting customers' zip codes during credit card transactions.
Lacoste filed for summary judgment and argued that its policy for collecting customers' personal information was in compliance with California law. It claimed that its policy of requesting personal identification information from consumers only after the retailer transaction was complete did not violate the Act and that if an employee were to ask for such information, the employee would be violating company policy.
Result
A California district court granted Lacoste's motion for summary judgment. The Court determined that Lacoste's interaction with the plaintiff did not violate the Act, and even if its interaction with the plaintiff had violated the Act, Lacoste's policy shielded it from liability under the Act's safe harbor provision.
Other Information
Plaintiff has filed a notice of appeal.
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