Do I have a law suit? Store violated 1747.08?
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Do I have a law suit? Store violated 1747.08?
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I went to a store Friday night and purchased some incense. Upon paying for the product the store clerk asked to see my id so I reluctantly provided him with it. Then, without my consent, he wrote down my drivers license number and last name. I asked him why he did, he then told me it's store policy. I didn't know it was illegal. So the next day I found out the law he was in violation of 1747.08 california civil code and recorded myself talking with him. I told him it's against the law and I want my DL number crossed off the receipt. He said no! I asked him if he records that information with every purchase on a credit card. He said yes every single one. I asked him for the store owners name and he refused to give it to me. He asked me to leave . I said ok I'll see you in court. I recorded this whole conversation. Will this hold up in court?
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Neil F
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The short answer based upon the limited facts is Yes, there probably was a violation if you purchased the item in California and used a credit card. See, California Civil Code section 1747.08(a)(2).
I am a lawyer and I have handled many of these types of cases. (You can look at Florez v. Linens 'N Things (2003) 108 Cal.App.4th 447, on Google Scholar.) Feel free to contact me at mail@Finemanlaw.com. Note that if the store you made a purchase from is a small "mom-and-pop" store, you should not sue; just send them a letter pointing out the law. They may not have been familiar with the law. |
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michr
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the recording is NOT usable in court
there are exceptions to the code, did you read all of it?
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=5812572727+3+0+0&WAISaction=retrieve
why were you reluctant to produce ID?
what made you think to look for this code?
what makes you think they are required to give you the owners name?
good luck in court, you may be surprised by the outcome.... |
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Smiling
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It might be illegal, you can call the police or district attorney and the store may be fined. More likely they would be given a warning.
As for you, there is nothing you can personally get. You have no personal damages. |
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