California courts continue to refine the reach and scope of the Song-Beverly Credit Card Act of 1971, Cal. Civil Code § 1747.08, in the context of an increasingly online marketplace. Several recent decisions provide guidance for practitioners counseling retailers on both online and point-of-sale data collection practices.
Following the California Supreme Court’s decision in Apple v. Superior Court (Krescent), 56 Cal. 4th 128 (2013), the courts continue to address whether Song-Beverly applies to online transactions. In Apple, the court held that the statute does not apply to online transactions regarding downloadable products, but left open the question whether it applies to other online credit card transactions.
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