Foot Locker Retail Inc. and Macy’s Corporate Services, Inc. were hit with separate class action lawsuits in California federal court alleging that the companies illegally collected consumers’ personal information at in-store checkouts.  The plaintiffs claim that both businesses required customers to provide personal information such as telephone numbers, identification cards, and ZIP codes before processing a credit card payment.  The complaints further allege that the retailers had a uniform policy in place requiring employees to request such information.  The plaintiffs contend that this form of data mining violates California privacy laws, including the Song-Beverly Credit Card Act of 1971.

According to the suits, California law prohibits a merchant from performing the following during a transaction:

(1) requesting personal identification information from a customer paying for goods with a credit card, and then recording that personal identification information on the credit card transaction form or elsewhere; or (2) requiring the cardholder, as a condition to accepting the credit card as payment, to provide the customer’s personal identification information, which the retailer then causes to be written or otherwise records it on the credit card transaction form or elsewhere.

The plaintiffs expect damages in each suit to top $5 million.

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Photo of H. Scott Kelly H. Scott Kelly

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including background screening, consumer reporting, data breaches, ransomware attacks, and related regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state attorneys general.

Photo of Michael E. Lacy Michael E. Lacy

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO,

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO, and state UDAP laws. He has significant experience litigating and trying corporate governance disputes, including shareholder derivative claims, corporate dissolution cases, and corporate divorce matters. Michael also represents public utility companies in litigation and regulatory matters, including condemnation and land use cases.