Dremak v. Urban Outfitters CA4/1
The Song-Beverly Credit Card Act (Credit Card Act) prohibits merchants from requesting and recording "personal identification information" as a condition of completing a credit card transaction. (Civ. Code, § 1747.08, subd. (a)(2).) In 2011, Andrew R. Dremak, Donna Motta, and Anne Nicolucci each brought suit under the Credit Card Act alleging retailer Urban Outfitters, Inc. (Urban) and its wholly owned subsidiary Anthropologie, Inc. (Anthropologie) violated the law by asking customers to provide their ZIP codes at check out. The plaintiffs' cases were consolidated and a class of similarly situated consumers was eventually certified. After the defendants' unsuccessful motions for summary judgment and to decertify the class, the court conducted a bench trial of the plaintiffs' claims. The court dismissed their claim against Anthropologie and found they had not met their burden to prove that a reasonable consumer would believe that Urban required a ZIP code as a
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