Los Angeles, CA: Canyon Beachwear LLC is facing a Song-Beverly Act privacy violations class action lawsuit alleging the company illegally obtains personal information from its customers when they pay by credit card.
Filed the plaintiff Christy Luckey, the lawsuit, entitled 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, alleges the swimsuit retailer had its clerks request information from its customers including home addresses, ZIP codes and telephone numbers. The lawsuit claims these requests for information are in violation of California' Song-Beverly Credit Card Act, which prohibits businesses from recording customers' personal identifying information.
Luckey alleges that she purchased merchandise totalling $309.56 on July 31, 2013, from a Canyon Beachwear retail store located in Los Angeles, California. She used her personal credit card to pay for the items, and during the transaction a sales clerk requested her home address and phone number. Luckey alleges her experience is not an isolated incident and that the retailer follows similar practices at all of its California locations.
In her class action lawsuit, Luckey claims that Canyon Beachwear' 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.
Specifically, the lawsuit alleges 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. The lawsuit further claims 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."
The lawsuit seeks to represent a class of customers in California, whose personal data was allegedly recorded by Canyon Beachwear, alleging the defendant is in breach of the Song-Beverly Credit Card Act, and has allegedly committed invasion of privacy, unjust enrichment, negligence and unlawful intrusion. Luckey is seeking statutory, compensatory, consequential, exemplary and punitive damages. She is also seeking injunctive relief, restitution and disgorgement of profits obtained through the retailer' wrongful conduct.
Luckey is represented by Jason M. Wucetich and Dimitrios V. Korovilas of Wucetich & Korovilas LLP.
