Harrold v. Levi Strauss & Co.

236 Cal. App. 4th 1259 (2015)

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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.)

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