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Results: 1-9 of 9

California court denies class certification in post-Pineda ZIP code case against retailer

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • December 5 2011

Recently, Judge S. James Otero of the U.S. District Court for the Central District of California denied plaintiff Norma Rothman's class certification motion in connection with her complaint under California's Song-Beverly Credit Card Act of 1971

Retailers recording ZIP codes: class action fuel in California, uncertainty in New Jersey

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • October 11 2011

Within weeks of each other, New Jersey Superior Court Judge Hansbury and U.S. District Court Judge Wallseach ruling on a motion to dismiss a claim brought under New Jersey's Truth in Consumer Contract, Warranty and Notice Actdisagreed about whether such a claim may be premised on an alleged violation of New Jersey's privacy law, N.J.S.A. 56:11-17

craigslist defeats claim that Song-Beverly Credit Card Act governs online transactions

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • September 8 2011

San Francisco Superior Court sustains craigslist, Inc.’s demurrer to plaintiff Norman Gonor’s class action alleging violations of California’s Song-Beverly Credit Card Act in connection with online transactions involving credit cards

6th Circuit: State's plan to claim abandoned checks sooner doesn't violate due process

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • May 18 2011

The U.S. Court of Appeals for the Sixth Circuit, in American Express Travel Related Serv. Co., Inc., v. Commonwealth of Kentucky, et al., held that an amendment to Kentucky's unclaimed property law that shortened the presumptive abandonment period for traveler's checks from 15 years to 7 does not violate the Due Process Clause

US Supreme Court gives green light to class action waivers in consumer contracts

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • April 28 2011

On April 27, 2011, the U.S. Supreme Court, ruling in a five-to-four decision, in AT&T Mobility LLC v. Concepcion et ux., held that California's Discover Bank rulea rule that largely invalidated class action waivers in arbitration provisions in consumer contracts in California and other states following similar rulesis preempted by the Federal Arbitration Act because it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress

California Supreme Court: "requesting and recording a cardholder's ZIP code" violated state law

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • February 11 2011

On February 10, 2011, in Pineda v. Williams-Sonoma Stores, Inc., the California Supreme Court reversed the Fourth District Appellate Court, holding that the definition of "personal identification information" in California's Song-Beverly Credit Card Act of 1971 includes a customer's ZIP code

NJ confirms its understanding of recent injunction halting enforcement of Chapter 25 against issuers of certain stored value cards

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • December 1 2010

On November 24, the New Jersey State Treasurer issued a Notice of Preliminary Injunction Concerning Enforcement of Certain Provisions of L.2010, c. 25 Related to Stored Value Cards

New Jersey District Court grantsdenies in part request for preliminary injunction in connection new unclaimed property law

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • November 16 2010

We wanted to alert you to a NJ District Court's recent ruling on a request for preliminary injunction filed in American Express Travel Related Services Company, Inc. v Sidamon-Eristoff, et al., (and the related actions filed by the New Jersey Retail Merchants Association, New Jersey Food Counsel and American Express Prepaid Card Management Corporation) in connection with NJ's recent adoption of a burdensome unclaimed property laws that took effect on November 15, 2010 and will impact, among other things, stored value cards

The $10 limit: court clarifies California’s law on redemption of retail gift cards

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • January 25 2010

The federal District Court, Southern District of California, issued the first decisions interpreting Section 1749.5(b) of California’s Gift Card Law since its amendment in 2007 confirming that merchants have the right to refuse to redeem a gift card for cash where the balance is $10 or more