Client Alert

California Supreme Court Rules in Apple Inc. v. Superior Court That Online Retailers May Request Personal Identification Information From Purchasers of Electronic Downloads

February 06, 2013

BY THOMAS P. BROWN

In its recent opinion, the California Supreme Court ruled in Apple Inc. v. Superior Court that California's Song-Beverly Act does not apply to online purchases of electronically downloadable products. This opinion should have immediate impact in lawsuits that are currently pending against online merchants and other businesses that accept credit card information in an e-commerce environment. Although the Court's holding only applies to a subset of online transactions--digital downloads--the Court's reasoning likely will have broader implications as lower courts apply the decision to other cases against online merchants for the purchase of physical goods or services.

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