Absher v. AutoZone, Inc.

Opinion

MOSK, J.

INTRODUCTION

The issue on appeal is whether the consumer protection statute that prohibits merchants from obtaining personal identification information from credit card users (Civ. Code, § 1747.08, subd. (a)) 1 should be interpreted to apply to a refund for the return of merchandise purchased by credit card. We hold that section 1747.08, subdivision (a) does not apply to such return transactions.

FACTS 2

In early March 2006, thieves siphoned gas from plaintiff Dave Absher’s (plaintiff) car. On March 8, 2006, plaintiff drove to an AutoZone store to purchase a locking gas cap. He…