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

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....

Deborah S. Thoren-Peden, Amy L. Pierce, Catherine D. Meyer, Greg L. Johnson.


Class actions against merchants continue as courts interpret law protecting personal info

USA - December 28 2009 In the wake of several court decisions, four retailers have come under attack for alleged violations of California’s Song-Beverly Credit Card Act in the collection and recording of their credit card customers’ personal information at the point-of-sale....

Deborah S. Thoren-Peden, Amy L. Pierce, Catherine D. Meyer, Greg L. Johnson.


California’s ASFA construed to permit leeway in consumer disclosures

USA - December 22 2009 The California Third District Court of Appeal held that a dealership’s overestimation of vehicle license fees by two dollars and four-month delay in obtaining a smog check and certification do not violate California’s Rees-Levering Automobile Sales Finance Act....

Amy L. Pierce, Greg L. Johnson.


Recurring monthly late fees generated by single late auto loan payment found permissible

USA - December 16 2009 The California Second District Court of Appeal confirms that assessing recurring late fees for successive late payments does not violate California’s Rees-Levering Automobile Sales Finance Act and, in turn, is not an unfair business practice under California’s Unfair Competition Law....

Amy L. Pierce, Greg L. Johnson.


No free ride: 9th Circuit permits lender to repossess vehicle when bankruptcy debtor fails to recommit

USA - November 3 2009 In Dumont v. Ford Motor Credit Company, the Ninth Circuit Court of Appeals confirms the Bankruptcy Code does not protect a debtor’s personal property collateral if the debtor fails to commit to redeem, reaffirm or assume the underlying loaneven if the debtor continues timely to make loan payments....

Michael P. Ellis, Amy L. Pierce, Greg L. Johnson.