TopClassActions  |  August 26, 2013

Category: Legal News

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Canyon Beachwear LawsuitA putative class action lawsuit has been filed against swimsuit retailer Canyon Beachwear LLC accusing the company of illegally obtaining personal information from customers who pay with credit cards.

Plaintiff Christy Luckey filed the class action lawsuit on August 14, 2013, claiming that Canyon Beachwear directed its sales clerks to request personally identifying information from its customers who paid with credit cards, even when it was not necessary to complete the transaction. This information included home addresses, ZIP codes and telephone numbers. She claims that these requests for information violated California’s Song-Beverly Credit Card Act, which prohibits businesses from recording customers’ personal identifying information.

On July 31, 2013, Luckey purchased $309.56 worth of merchandise from a Canyon Beachwear retail store located in Los Angeles, California. She paid for her purchase with a personal credit card. During the credit card transaction, the sales clerk requested Luckey’s home address and phone number. She believes that her experience was not an isolated incident and claims that the retailer follows similar practices at all of its California locations.

In her class action lawsuit, Luckey claims that Canyon Beachwear’s sales clerks “request the information in a way that doing so is mandatory to the transaction” and then uses the personal information for marketing and solicitation purposes. Customers are not told that providing the information is optional. She accuses the company of sharing the customer data with third-party vendors without informing customers of their intent.

Luckey believes that Canyon Beachwear “engages in a pattern and practice of knowingly requesting and recording personal identification information of its customers at all its retail stores in California during credit card transactions, including their addresses, e-mail addresses and/or phone numbers,” in violation of California law. She believes that the retailer “uses the collected personal identification information for marketing, future solicitation, and other data collection purposes in violation of California law and its customers’ constitutionally protected right to privacy.” 

Luckey claims that this illegal information-gathering has put customers at risk of identity theft, harassment and credit card fraud as a result of Canyon Beachwear’s conduct.

By filing her class action lawsuit, Luckey seeks to represent a statewide class of customers whose personal data was allegedly recorded by Canyon Beachwear. She is bringing claims of violation of the Song-Beverly Credit Card Act, invasion of privacy, unjust enrichment, negligence and unlawful intrusion. She seeks statutory, compensatory, consequential, exemplary and punitive damages. She also seeks injunctive relief, restitution and disgorgement of profits obtained through the retailer’s wrongful conduct.

Luckey is represented by Jason M. Wucetich and Dimitrios V. Korovilas of Wucetich & Korovilas LLP.

The Canyon Beachwear Class Action Lawsuit is Christy Luckey et al. v. Canyon Beachwear et al., Case No. BC518338, in the Superior Court of the State of California, County of Los Angeles.

Have you been asked to provide your ZIP code during a debit or credit card transaction at a California or Massachusetts store? You may be eligible to participate in a class action lawsuit and pursue compensation. See if you qualify for free at the Merchant ZIP Code Class Action Lawsuit Investigation.

 

 

 

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