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Cyber Note Client Alert March 2011 CALIFORNIA SUPREME COURT DECISION PROMPTS MULTIPLE CLASS ACTION FILINGS AGAINST RETAILERS By: Celeste King PINED V. WILLIAMS-SONOMA STORES, INC. On February 10,

E., credit cards, checkbooks, etc.) are required by law to provide that identification. The plaintiffs sued on four grounds: (a) California State statute requiring the identification; (b) the violation of the constitutional rights to privacy and free expression; (c) unconscionable contract; and (d) state and federal constitutional due process and equal protection rights. The Supreme Court held that California State Statutory Regulation (SR) 1747.08 (the statute at issue) fails as a matter of law to conform to the constitutional requirements of due process and to provide a reasonable notice and opportunity for a hearing. The Court found that the statutory regulation: does not expressly require the consumer to identify himself, but, rather, defines and purports to define “personal identification”; does not require the actual showing of ID; and contains provisions that unreasonably restrict the type of identification that may lawfully be accepted as a means of identification. The Court held that the regulations violated § 1747.08 because the requirement that the consumer identify himself is unreasonable and unreasonably restrictive of its constitutional interests. The plaintiffs had been asked to show they were registered California voters and were of the age of majority to purchase credit cards. The customer may, with proper identification, purchase credit cards for a specific amount of money. If a purchaser fails to show identification or does not state an age that is deemed to be 18 by law, or if identification is not furnished, no credit is given. The requirement to show identification is the result of the California State Legislature's consideration of statutory policy. The statute does not require anyone to identify themselves, any more than it authorizes the state to use compulsory means to ensure voter registration. The statute does not require either the customer to show his identification or to provide ID at the time of a purchase in order to lawfully receive a credit card. If the state legislature desires a system of compulsory identification, it might want to consider the use of the state's own motor vehicle records to prevent a person from purchasing a car without identification. The Court held the state could not require an individual to show his ID to avoid the requirement that the individual supply identification in order to purchase an item of tangible personal property. “To require proof of identification under a law requiring the information contained on a credit card as proof of age- 18 is the same as requiring proof of age under a law requiring the information contained on a driver's license as proof of age.

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