A California resident has filed a putative class action against Ralphs Grocery Co. alleging that it breached its promise not to share the personal information that shoppers must provide to obtain a “Ralphs rewards Card”; only cardholders may purportedly take advantage of advertised store discounts. Heller v. Ralphs Grocery Co., No. BC486035 (Cal. Super. Ct., Los Angeles Cnty., Cent. Dist., filed June 6, 2012).
He contends that he would not have shopped at the grocery stores or applied for a rewards card “if not for Defendant’s misrepresentation and/or nondisclosure of the fact that it was selling and/or sharing its customers’ personal identification information.” According to the complaint, the defendant shares customer information with Kroger and with dunnhumby, a company that allegedly “performs data mining services for more than 350 million people in 25 countries on behalf of retailers” and “uses personal identification information and data from purchase transactions gleaned from the Ralph’s reward Card program to drive sales.”
Seeking to certify a statewide class of consumers, the plaintiff alleges violations of the state’s Supermarket Club Card Disclosure Act of 1999 and Unfair Business Practices Act; breach of contract; fraud; and intentional and negligent misrepresentation. He seeks compensatory and general damages, restitution and/or disgorgement, injunctive relief, punitive damages, attorney’s fees, costs, and interest.