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Apple v. Krescent
California Supreme Court
292 P.3d 883 (2013)
- Written by Sean Carroll, JD
Facts
Apple (defendant) sold downloadable digital media such as music and videos. As a condition of purchase, Apple required each consumer to provide his or her phone number and address. David Krescent (plaintiff) sued Apple for violating California’s Song-Beverly Credit Card Act of 1971 (the law), which prohibited businesses from obtaining and then recording personal-identification information from consumers during a credit-card transaction. Apple argued that that the law, last amended in 1990, applied only to in-person transactions and that the law did not contemplate and did not apply to online transactions. The court of appeal ruled in favor of Krescent. Apple appealed.
Rule of Law
Issue
Holding and Reasoning (Liu, J.)
Dissent (Baxter, J.)
Dissent (Kennard, J.)
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