Today the California Supreme Court issued its long-awaited opinion in Apple v. Superior Court (Krescent), holding that the Song-Beverly Credit Card Act of 1971 does not apply to online transactions relating to electronically-downloaded products. The Act, which prohibits retailers from collecting and recording a customer’s personal identifying information as a condition of accepting payment by credit card, was enacted prior to the advent of online commerce, and in today’s decision, the California Supreme Court held in a closely-divided opinion that the Legislature could not have intended the Act to apply to internet commerce relating to electronically-downloaded products.
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