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Class action filed against Rag & Bone for collection of customer information during credit card transactions

By Kathryn Rattigan on March 26, 2015
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Lead plaintiff, Bernadine Griffiths, and other Rag & Bone Industries LLC (Rag & Bone) customers filed a class action in California state court against high-end clothing retailer for asking customers for identifying information during credit card transactions. The complaint alleges that Rag & Bones intentionally engaged in a pattern of unlawful business tactics through its company “information capture policy.” This policy requires that Rag & Bone cashiers ask for and record personally identifiable information from customers at the time of credit card transactions in violation of California’s Song-Beverly Credit Card Act (the Act). The Act prohibits this exact conduct; companies are not permitted to ask for personally identifiable information during a credit card transaction.

The complaint stated, “As part of Rag & Bone’s information capture policy, and in conjunction with the credit card sales transaction, plaintiff was asked for [her] address, telephone number, and e-mail address.” The class consists of consumers whose information was collected after March 20, 2014; it does not include those consumers who provided their information for shipping purposes, delivery or special orders. The class action demands up to $1,000 per violation. We’ll stay on top of the this as it proceeds.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Class Action & Mass Torts, Privacy and Cybersecurity
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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