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Consumer Watch/Alert: Jenni Kayne Song-Beverly Act Violation

Posted on behalf of Arnold Law Firm in

NOTICE: If you are a resident of California and shopped online and purchased products from Jenni Kayne with your personal credit card, contact the Arnold Law Firm at (916) 777-7777 to discuss your legal options, or submit a confidential Case Evaluation form here.

red alert iconIn violation of California law, Jenni Kayne unlawfully requested, required, and recorded their customers’ personally identifiable information, including, but not limited to their addresses, telephone numbers, e-mail addresses, zip codes, and/or IP addresses (collectively “PII”), when they made purchases on Jenni Kayne’s website using a personal credit card, during the past year. Jenni Kayne then used their customers’ illegally obtained PII to aggressively market their products to shoppers without their consent. The Song-Beverly Act is a consumer protection law intended to guard against invasions of consumer privacy, spam marketing, and other misuses of purchasers’ data by specifically prohibiting retailers from requesting and recording their PII in connection with a credit card transaction. Jenni Kayne is a large e-commerce company with its headquarters located in Santa Monica, California that sells high end women’s clothing. Customers can purchase goods and services from Jenni Kayne through its website using their personal credit card. If you are a California resident and purchased items through Jenni Kayne’s website located at https://www.jennikayne.com/ (using a personal credit card beginning in August 2023), then you were the victim of Jenni Kayne’s unlawful conduct. (Note: If you affirmatively opted in to receiving marketing contact from Jenni Kayne you may not be a proper class member.) WHAT INFORMATION IS INVOLVED? Consumers’ PII including, but not limited to, the following data was required in combination with consumers’ credit card information to make a purchase on Jenni Kayne’s website in violation of the Song-Beverly Credit Card Act:
  • Addresses
  • Telephone Numbers
  • E-mail Addresses
  • Zip Codes
  • IP Addresses
By not only requiring PII from its customers, but using that information to aggressively market its products, Jenni Kayne has flouted the Song-Beverly Credit Card Act and could face statutory penalties of $1,000 for each violation after the first.

NOTICE: If you are a resident of California and shopped online and purchased products from Jenni Kayne with your personal credit card, contact the Arnold Law Firm at (916) 777-7777 to discuss your legal options, or submit a confidential Case Evaluation form here.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.