In addition to refusing to hear an appeal in Harrold v. Levi Strauss & Co., which we previously posted about, the California Supreme Court also declined to respond to a question the Ninth Circuit in Davis v. Devanlay Retail Group, Inc. certified to the Court, seeking clarification of California Song-Beverly Credit Card Act’s reach regarding retailers’ request for credit card customers’ personal identification information at the point of sale. The Court denied the request for certification pointing to the authority established by Harrold. Given the Court’s denial of the petition for review and denial of the Ninth Circuit’s certification request, the law may now be settled.
For a detailed discussion of Harrold and its impact on retailers, see our previous post.