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November 8, 2013 / jlinder2013

Nordstrom Faces Spamming Claims

The clothing retailer Nordstrom is facing claims that it misled its customers into giving cashiers their email addresses.  A class action has been filed by a group of plaintiffs who claim that they were asked for their email addresses for the purported purpose of getting a receipt.  The lead plaintiff in the case, Robert Capp, stated that he believed doing so was the only way he would receive a receipt for his transaction.  Subsequently, he realized he had been placed on the Nordstrom mailing list and was getting spam from other retailers, which caused him to believe Nordstrom had given or sold his contact information to other retailers.

The case has been removed by Nordstrom to the Eastern District of California, where the Judge has denied a request for dismissal by the Defendant.  The lead plaintiff has stated that he received the aforementioned Nordstrom emails on an almost daily basis, and that he was tricked into thinking he had to give his email address in order to complete his transaction.

The California Credit Card Act protects consumers from the type of practices alleged by Capp and others.  The acquisition and misuse of personal identification information is regulated by this Act.  The plaintiffs in this case are alleging that their email addresses are within the ambit of the Act, and the district court Judge appears to agree that it does constitute personal identification information.  The Judge also rejected a claim by Nordstrom that the California Credit Card Act was preempted by federal law.  Thus, it appears that Capp and the other plaintiffs have a good chance of winning their case.

If you have given your email address to a retail store for the alleged purpose of completing a transaction, and are now being spammed, please contact Khorrami Boucher Sumner Sanguinetti, LLP for a confidential consultation because you may be entitled to relief.

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