Express Hit with Class Action Lawsuit over Customer Data Collection

A class action lawsuit accusing Express Fashion Apparel LLC of violating California privacy law by collecting personal information from customers at checkout was filed Monday in California federal court.

Plaintiff Andrew Staveley filed the Express class action lawsuit, alleging that the clothing retailer has a “uniform policy” of asking for customers’ personal information during credit card transactions. He alleges the policy violates California’s Song-Beverly Credit Card Act by telling employees to ask for phone numbers and email addresses when customers pay with credit cards. The Song-Beverly Act is a California law that prohibits businesses that accept credit cards from requesting and recording personal identification information from cardholders during credit card transactions.

Staveley alleges that for at least one year prior to the filing of this class action lawsuit, cashiers “both request and record personal identification information in conjunction with credit card transactions at the point of sale” in Express stores in California. The class action lawsuit accuses Express of using the personal identification information acquired from the customer to obtain additional personal information without the customer’s knowledge or consent. Staveley alleges that this personal identification information is “of potentially great benefit” to Express.

According to the Express class action lawsuit, Staveley visited an Express retail store in San Luis Obispo, Calif. While he was checking out, the cashier allegedly asked him to provide his email address and phone number. Staveley alleges that he believed this information was necessary to complete his purchase. By the time he paid for the merchandise with a credit card, he claims that Express already had his name, telephone number and email address recorded in its database. Staveley alleges that the cashier failed to inform him of the consequences if he did not provide the requested information.

“Defendant’s employee made no attempt to erase, strikeout, eliminate, or otherwise delete Plaintiff’s personal identification information from the electronic cash register after Plaintiff’s credit card number was recorded,” Staveley says in his class action lawsuit. Staveley alleges that he received a promotional email from Express shortly after he purchased merchandise from the retailer.

By filing the Express class action lawsuit, Staveley seeks to represent a Class of all individuals in California from whom Express requested and recorded personal identification information during a credit card transaction in the last year. He seeks certification of the class action lawsuit, statutory damages of $1,000 for himself and all Class Members, attorneys’ fees and other relief deemed appropriate by the court.

Staveley is represented by Abbas Kazerounian and Matthew M. Loker of Kazerouni Law Group APC, Joshua Swigart of Hyde & Swigart and Sina Rezvanpour and Sara Rezvanpour of RKR Legal.

The Express Customer Data Collection Class Action Lawsuit is Andrew Staveley v. Express Fashion Apparel Inc., Case No. 2:14-cv-05258, in the U.S. District Court for the Central District of California.