Apple Inc., Petitioner v. the Superior Court of Los Angeles County, Respondent; David Krescent, — Kennard, J…

Summary

Justice Kennard, dissenting, would have held that the consumer-privacy statute applies by its plain terms to Internet sales of downloadable products and contains no categorical exemption for such transactions. She reasoned that online transactions are materially similar to mail-order and telephone transactions, and that the statute's express exceptions provide available antifraud protections without permitting retailers to record addresses and telephone numbers generally. Justice Baxter, dissenting, likewise would have found the complaint sufficient and criticized the majority for creating an expansive exception based on speculative fraud concerns.