Harrold v. Levi Strauss & Co.

236 Cal. App. 4th 1259 (2015)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Harrold v. Levi Strauss & Co.

California Court of Appeal
236 Cal. App. 4th 1259 (2015)

  • Written by Ann Wooster, JD

Facts

Stacie Harrold (plaintiff) was a customer who used her credit card to purchase merchandise at a retail store in California owned by Levi Strauss & Co. (Levi) (defendant). As part of Levi’s information-capture policy, the sales clerk requested Harrold’s email address and recorded it in the electronic sales register. The request for personal information allegedly occurred before the sales clerk completed the purchase by bagging the merchandise and handing it to Harrold. Harrold brought an action against Levi for a violation of California’s Song-Beverly Credit Card Act of 1971 (the act). Harrold alleged that Levi’s policy of requesting and recording the email addresses of customers who paid for their purchases with credit cards violated the act. Harrold moved to certify a class of all persons from whom Levi’s sales clerks had requested and recorded personal information in conjunction with credit-card purchases at California retail stores during a defined time period. Levi argued that its email-marketing program had a written policy requiring the store clerks to complete a credit-card purchase transaction before requesting the customer’s email address. Harrold offered evidence that the sales clerk at Levi’s California retail store did not follow the policy during her credit-card purchase. Harrold did not offer evidence to show that, in general, Levi’s sales clerks in the California retail stores did not follow the policy. The trial court denied Harrold’s motion to certify a class of Levi’s customers who were asked for their email addresses at the California retail stores according to the information-capture policy. Harrold appealed.

Rule of Law

Issue

Holding and Reasoning (Pollak, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership