Michael Ambers v. Buy.Com Inc.
Published: May 18, 2013 | Result Date: Apr. 30, 2013 | Filing Date: Jan. 1, 1900 |Case number: 8:13-cv-00196 Bench Decision – Dismissal
Facts
Plaintiff Michael Ambers bought a set of DVDs using his credit card from a website owned and operated by defendant Buy.com, Inc. As part of the purchase, Ambers was required to fill out a form on the website which included personal information, including a phone number.
Contentions
PLAINTIFFS' CONTENTIONS:
Ambers filed a class action suit against Buy.com, alleging violation of the Song-Beverly Credit Card Act. Ambers contended that Buy.com violated the Act by requiring customers to provide a phone number in order make purchases on the company's website, and retaining such information.
DEFENDANT'S CONTENTIONS:
Buy.com motioned to dismiss, contending that Section 1747.08 of the Act did not apply to the transactions provided on its website.
Result
The court dismissed the action.
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