Rag & Bone Hit with Information Capture Class Action Lawsuit

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On March 20, an information capture class action lawsuit was filed against Rag & Bone Industries LLC, alleging the high-end fashion retailer illegally asked for consumers’ identifying information during purchases involving credit card transactions.

Plaintiff Bernadine Griffiths filed this Rag & Bone class action lawsuit in California federal court, claiming that as a clothing consumer of Rag & Bone, she used her credit card at least three times during the period from June 2014 through January 2015.

According to the Rag & Bone information capture class action lawsuit, “As part of Rag & Bone’s information capture policy, and in conjunction with the credit card sales transaction, plaintiff was asked for personal identification information, in the form of her address, telephone number and email address, by Rag & Bone employees attending to the transaction,” Griffith claims. The plaintiff further alleges she provided this information, which was then recorded in the Rag & Bones electronic sales register by the employees.

This information capture class action lawsuit claims the clothing retailer intentionally and knowingly engages in unlawful  business practices through Rag & Bone’s “information capture policy.” This policy allegedly has R&G cashiers ask for and record consumers’ personal identification information—which includes emails, physical addresses, and phone numbers—from consumers who are using credit cards to purchase Rag & Bone merchandise.

In allegedly employing this pattern of illegal information capture, Griffith claims Rag & Bone violated California’s Song-Beverly Credit Card Act, a state law which prohibits companies like the clothing retailer from asking consumers for personal identification information during a credit card transaction and furthermore from storing this customer information.

The plaintiff seeks to represent herself in this Rag & Bone information capture class action lawsuit, as well as a Class that would include “all persons from whom Rag & Bone requested and recorded personal identification information in conjunction with a credit card transaction in California during the period of approximately March 20, 2014, through the date of the trial.” This proposed information capture Class would exclude consumers who completed retail credit transactions that involved merchandise being shipped, delivered, or special ordered. The plaintiff claims this Rag & Bone Class can be identified through the company’s sales records.

This information capture class action lawsuit seeks civil penalties from the retailer of up to $1,000 for each alleged California’s Song-Beverly Credit Card Act violation.

This is not the first time a California clothing retailer has been hit with Song-Beverly Credit Card Act violations. In September 2014, Forever 21 Retail Inc. was also hit with a proposed class action lawsuit, claiming Forever 21 employed a business policy that requiring employees to request personal information during credit card transaction from consumers.

Griffiths is represented by Ronald Marron of the Law Offices of Ronald A. Marron APLC and Todd D. Carpenter of the Carpenter Law Group.

The Rag & Bone Information Capture Class Action Lawsuit is Griffith v. Rag & Bone Industries, et al., Case No. BC576209, in the Superior Court of California in the County of Los Angeles.