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

Summary

The dissent would hold that the complaint adequately alleged a violation of Civil Code section 1747.08 because Apple allegedly required and recorded a credit-card user's address and telephone number for online purchases, and no statutory exception was alleged. It reasoned that the statute's broad language applies to online transactions, that applying it literally would not produce an absurd result, and that the majority improperly relied on speculative fraud-prevention concerns and factual assumptions at the demurrer stage. Justice Kennard, dissenting separately, likewise would affirm the denial of Apple's writ petition and criticized the majority for judicially creating an exemption for online downloadable-product sales.