California Steakhouse Violates Consumer Privacy Laws, Class Action Says

Innovative Dining Group LLC faces a class action lawsuit in a California state court for alleged violations of consumer privacy laws.

IDG is a high-end restaurant company known for their Katana, Sushi Roku and BOA Steakhouse eateries. According to Innovation Dining Group’s website, its steakhouses provide “a bold, colorful environment.”

Plaintiff David Davis alleges that IDG broke laws that prohibit businesses from soliciting customers’ personal information. Davis claims IDG asked specifically for that information by having its customers write down their phone numbers on credit card transaction forms.

“IDG’s use of an unlawful credit card form is a prima facie violation of [California Civil Code Section] 1747.08(a)(3),” Davis said in his complaint. “IDG’s use of an unlawful credit card form with a space designated for a cardholder’s telephone number essentially requests its credit card customers record their personal identification information, and therefore also violates [California Civil Code Section] 1747.08(a)(2).”

This class action lawsuit seeks to return significant benefits, whether pecuniary or non-pecuniary, to a large Class of persons. Davis says the proposed Class is sufficiently numerous, and it may even be impracticable to bring all members before the Superior Court. The class action lawsuit states that it will take appropriate discovery to find out the exact number and members of this Class, whom now are known only to IDG.

The plaintiff seeks relief on behalf of an entire Class of customers who paid with a credit card form that included a space requesting their telephone number, from March 16, 2016, through March 15, 2017 at the BOA steakhouses located in Santa Monica and West Hollywood, California.

Davis is not only seeking civil penalties and damages, but is also asking the court for an injunction that will prevent Innovative Dining Group from using all credit card forms with a space underlined for customers to fill in their personal information, including their telephone numbers.

The plaintiff is represented by Steven A. Blum and Jacqueline A. Axtell of Blum Collins LLP.

The California Steakhouse Credit Card Receipt Class Action Lawsuit is David Davis v. Innovative Dining Group LLC, Case No. BC654126, in the Superior Court of the State of California, for the County of Los Angeles.