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Recent Song-Beverly Act Cases Highlight Divide Between Online and Offline Commerce

December 02, 2013

By THOMAS BROWN & KRISTIN HALL

Now that several months have passed since the California Supreme Court issued its highly-anticipated Song-Beverly Credit Card Act decision, Apple v. Superior Court (Krescent), various courts in California have weighed in on the Act's application to online commerce. Two cases that address this issue directly are , Krescent v. StubHub, Inc. and Ambers v. Buy.com, Inc. Another case, Capp v. Nordstrom, Inc., held that a customer's email address constitutes PII under the Act. The implications of this trio of decisions for companies doing business online are discussed in this alert.

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Image: Thomas P Brown
Thomas P Brown
Partner, Litigation Department