Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Category Archives: Privacy & Data Protection

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Retailers That Ask For Customers’ Zip Codes During Credit Card Transactions Do Not Violate Consumer Protection Statute

Posted in Consumer Class Action, Privacy & Data Protection
Case: Pineda v. Williams-Sonoma Stores, Inc., Cal. Court of Appeal, Fourth District, Division One, No. D054355 (Oct. 23, 2009) The One Sentence Summary: A retailer did not violate the Song-Beverly Credit Card Act of 1971 (Cal. Civ. Code § 1747 et. seq.), nor did it invade its customer’s privacy, when it asked a customer who… Continue Reading

FTC to Begin Enforcement of the “Red Flags” Rule

Posted in Privacy & Data Protection
The One Sentence Summary: On November 1, 2009, the Federal Trade Commission is expected to begin enforcing its “Red Flags” Rule, which requires many retailers, among other businesses, to develop a written program designed to prevent identity thieves from using information they have illegally obtained.   The Red Flags Rule, 16 C.F.R. § 681.2, requires… Continue Reading

Protection of Consumer Payment Information Remains an Imperative for California Retailers

Posted in Consumer Class Action, Privacy & Data Protection
The One Sentence Summary: While Governor Schwarzenegger recently vetoed a Bill that would have imposed greater obligations on retailers with respect to protection of consumer payment information, continued legislative efforts are likely and retailers remain subject to data security standards set by the Payment Card Industry. Full Posting: On October 17, Governor Schwarzenegger vetoed AB… Continue Reading

A Party Can Be Compelled to Create New Documents From Electronically Stored Information

Posted in Privacy & Data Protection
“You don’t need to create any documents to respond to this discovery request – just produce copies of what you have.” This common instruction to clients is no longer necessarily true in light of new federal rules governing production of electronically stored information (“ESI”). Applying the new federal ESI discovery rules, a district court in… Continue Reading