Alysa Hutnik Quoted in Bloomberg Law on Uptick in Credit Card Lawsuits in California

Privacy Partner and Practice Chair, Alysa Hutnik, was recently quoted in Bloomberg Law in an article titled, ​“Retailers Meet Wave of Credit Card Suits Citing Decades-Old Law.” This publication outlines a decades-old law, The Song-Beverly Credit Card Act passed in California in 1971, that protects personal information in California credit card transactions and is fueling a new wave of privacy litigation that could challenge how online retailers do business. More than a dozen lawsuits filed since April against major retailers Patagonia Inc., Macy’s Inc. and others, accuse them of violating the law by collecting data, including IP addresses, when those same credit card transactions occur online.

“It’s taking new methods and old laws, and seeing if there’s a potential fit,” said Hutnik. ​“Much like the wave of pixel-tracking cases over the past two years citing California wiretap laws, the new Song-Beverly disputes ask if companies are strictly acting as service providers without monetizing collected data, and if it’s essential to solving business needs.”

“While it’s too early to tell how courts will respond to these new Beverly-Song theories, companies can help shield themselves against litigation by carefully examining their data-sharing practice,” Hutnik said.

Read the full article here.