Tag Archives: Litigation

Gift card litigation

From Bizjournals

Gift card litigation over alleged Title III violations continue into the new year

By Matthew P. Horvitz, Counsel and Andrew J. Ferren, Director – Goulston & Storrs

It is a little-known fact that, in 1994, Blockbuster video was the first store to display pre-paid gift cards for sale. Unlike VHS rentals, the gift card industry has only grown in popularity. Gift cards from major retailers were once again at the top of many holiday wish lists. Considered a more polite version of cash, gift cards take the stress and guesswork out of gift giving. They also allow recipients to skip the dreaded “returns” line and choose the specific items, models, sizes, and colors they desire.

Recently, gift cards have found popularity with a new group: plaintiffs’ lawyers. In the fall, a small number of plaintiffs filed over 100 virtually identical class action lawsuits in New York federal courts. These lawsuits allege that retailers, restaurants, and other businesses violate Title III of the Americans with Disabilities Act and the New York City and State Human Rights Laws by failing to provide gift cards with Braille, the tactile writing system of raised dots that can be “read” by people who are blind or have low vision.

Now, these types of claims are also beginning to be filed in California.

Read rest of article at Bizjournals

ADA Litigation – New Spin on Song-Beverly Act Litigation Against Retailers

A New Spin on Song-Beverly Act ADA Litigation Against Retailers

ADA litigation How much data are you handing over at POS? How much data are you taking/handling?  New litigation in California points also at operative locations for devices which are capturing the data.

Excerpt:

Retailers operating brick-and-mortar stores in California are likely well aware of the state’s requirements for the collection of consumers’ personally identifiable information (PII). The Song-Beverly Credit Card Act of 1971 (the “Act”) imposes civil penalties for certain practices with respect to capturing and recording PII in cardholder transactions. See Cal. Civ. Code § 1747.08. Traditional litigation under the Act challenged retailers’ requests for telephone numbers, driver license numbers, and email addresses in connection with credit card payments at the point of sale. Beginning in 2011, when the California Supreme Court held that ZIP codes constitute PII, retailers most notably faced a wave of litigation regarding requests for customers’ ZIP codes at the point of sale before purchases were consummated. See Pineda v. Williams-Sonoma Stores, Inc., 51 Cal. 4th 524 (2011). As we reported in June 2017, filings in this area have garnered less attention in recent years as prudent retailers have modified certain aspects of their checkout policies and procedures.

https://www.natlawreview.com/article/new-spin-song-beverly-act-litigation-against-retailers