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Song-Beverly Credit Card Act

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Court of Appeal (Cal.) Says Since Song-Beverly Credit Card Act Requires Reliance, Putative Class Was Not Ascertainable

by Scott J. Hyman |

In George v. Guitar Center, Inc., 2018 WL 259001, at *1 (Cal.App. 2 Dist., 2018), the Plaintiffs challenged Guitar Center's practice of requesting and recording personal identification information when customers in its California stores pay using a credit card. The Court of Appeal in an unpublished decision found that the statute prohibits merchants from requesting personal identification information but only if the customer… Read More

District Court (Cal.) Finds FCRA Pre-empts Part of Song-Beverly Credit Card Act

by Scott J. Hyman |

In Fleischmann v. Care Credit, 2012 WL 6082893 (C.D.Cal. 2012), Judge Pregerson found parts of California’s Song-Beverly Credit Card Act pre-empted by FCRA.  Plaintiff financed her refractive surgery, and ended up with a dispute over whether she’d paid it in full or not.  She alleged a host of claims, one of which was under the Song-Beverly Credit Card Act.  Judge… Read More