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Well-Crafted PII Capture Policies Are Vital For Retailers

Law360, New York (July 13, 2017, 12:24 PM EDT) -- Many retailers will recall the barrage of cases filed in California and Massachusetts from 2011–2013 relating to the collection of consumers’ ZIP codes as part of in-store credit card transactions. The California cases were brought under the Song-Beverly Credit Card Act of 1971, following the California Supreme Court’s decision in Pineda v. Williams-Sonoma Stores Inc., 51 Cal. 4th 524 (2011), in which it held that ZIP codes constitute personally identifiable information (PII).

Though activity in this area has garnered less attention in recent years, some California plaintiffs continue to file putative class actions alleging that retailers’ ZIP code capture policies and...

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