Lewis v. Safeway

Subject to exceptions, the Song-Beverly Credit Card Act of 1971 (Civ. Code, 1747) generally prohibits a retailer from requesting and recording a customer’s “personal identification information” when the customer is purchasing goods or services with a credit card. Lewis filed a putative class action against Safeway, alleging violation of the Act when Safeway’s clerk requested and recorded Lewis’s date of birth in Safeway’s cash register system when he purchased an alcoholic beverage with a credit card. The trial court held that Safeway’s conduct was exempted by the obligation-imposed-by-law exception. The court of appeal agreed. To satisfy its obligations under the Alcoholic Beverage Control Act, a licensee is obligated to verify the age of a customer purchasing an alcoholic beverage (Bus. & Prof Code, 25658(a), 25659), to keep records of its sales of alcoholic beverages, and to make those records available to the Department of Alcoholic Beverage Control. View "Lewis v. Safeway" on Justia Law