Behind The Class Action Surge Against Mass. Retailers

Law360, New York (May 20, 2014, 6:38 PM EDT) -- Starting in 2013, class action lawyers have filed various putative class actions against retailers under a Massachusetts statute regulating the type of personal identification information a retailer may obtain during a credit card transaction — Mass. Gen. Laws ch. 93, § 105(a) (Chapter 93, Section 105(a)). This trend stems from a 2013 court decision interpreting Chapter 93, Section 105(a) to include ZIP codes within the type of information that may not be collected on a credit card transaction form.

As Chapter 93, Section 105(a) seeks to protect consumers, violations may amount to unfair or deceptive trade practices under the Massachusetts Consumer...

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