Michael A. Thurman and Michael Mallow of Loeb & Loeb LLP write:
A federal judge in the U.S. District Court for the Eastern District of California issued an opinion Dec. 17, 2012, that seems to answer definitively a question that has weighed on the minds of California merchants for the past several years: When – if ever – can a retailer ask customers for personal information, enabling future communications and marketing to customers after they leave the store?
U.S. District Court Judge Kimberly J. Mueller ruled in Tammie Davis v. Devanlay Retail Group, Inc., that merchants may ask for customers’ personal information, but only after customers have received a receipt, objectively signaling the conclusion of the transaction. The judge ordered the dismissal of a class action filed against Devanlay Retail Group, Inc., operator of Lacoste® brand clothing stores, in the Sacramento federal court.
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