Apple Inc. v. Superior Court

by
The Song-Beverly Credit Card Act governs the issuance and use of credit cards. One of its provisions, Cal. Civ. Code 1747.08, prohibits retailers from recording or requesting personal information from a credit card holder as a condition to accepting a credit card as payment. In this case, Plaintiff alleged that Defendant Apple Inc. required him to provide him his address and telephone number as a condition of accepting his credit card as payment in violation of section 1747.08. The trial court overruled Apple's demurrer in which Apple argued that the Act does not apply to online transactions and that deciding otherwise would undermine the prevention of identity theft and fraud. The court of appeal summarily denied Apple's petition for writ of mandate seeking review. After analyzing the statute's text, structure, and purpose, the Supreme Court reversed and remanded with directions to issue the writ, holding that section 1747.08 does not apply to online purchases in which the product is downloaded electronically. View "Apple Inc. v. Superior Court" on Justia Law