Lowe's, Payless, PetSmart ZIP Code Class Action Lawsuits

Newsflash from your Hollywood Attorney:

Three retailers were hit with class action lawsuits accusing them of violating state privacy laws by requiring customers who pay with credit cards to provide their ZIP codes during their transactions.

All three class action lawsuits were filed on behalf of Massachusetts consumers who provided their ZIP code information during a credit card transaction at a Lowe’s Home Centers Inc., Payless Shoe Source Inc. and PetSmart Inc. stores. The plaintiffs allege that by requesting ZIP code information, these companies violated Massachusetts law.

In March, the Massachusetts Supreme Court ruled that ZIP codes are personal information. This decision subjected retailers to the threat of class action lawsuits filed by consumers whose ZIP code information was collected during a transaction. According to the class action lawsuits, Massachusetts state law “addresses and prevents the misuse and improper collection of personal identification by retailers, and recognizes that there is no legitimate need to obtain such personal information from credit card customers except to the extent it is strictly necessary to complete the transaction.”

Plaintiffs Erin Alberts, Timothy Alberts and Michael Pietrantonio filed the class action lawsuits against Lowe’s and PetSmart. Erin Alberts filed the complaint against Payless. All plaintiffs are residents of Massachusetts. In all of these class action lawsuits, the plaintiffs claim that they used credit cards to pay for their purchases, but were not allowed to complete the transactions without providing their ZIP code.

The plaintiffs also accuse the retailers of storing this personal information and selling it to third-parties. Due to this alleged practice, the plaintiffs received unwanted marketing mailings. “Consumers’ personal data functions as a new form of currency that supports a $26 billion per year online advertising industry in the United States,” the class action lawsuits said.

In their class action lawsuit, the plaintiffs are accusing the retailers of violating the Massachusetts Unfair Trade Practices Act, which states that: “No person, firm, partnership, corporation or other business entity that accepts a credit card for a business transaction shall write, cause to be written or require that a credit card holder write personal identification information, not required by the credit card issuer, on the credit card transaction form.”

The plaintiffs claim that they had contacted the retailers prior to filing the class action lawsuits and requested that they pay $25 to each potential Class Member and provide attorneys’ fees and costs. They also requested the companies to stop asking customers to provide their ZIP codes during credit card transactions. Because none of the retailers agreed to these terms, the plaintiffs are asking for treble damages, injunctive relief, attorneys’ fees and court costs.

Source.... http://www.topclassactions.com

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