This action arises from DSW’s alleged violations of California Civil Code section 1747.08, by and through Defendant's requesting and recording of Plaintiffs' and Class members' personal identification information in conjunction with credit card transactions, during the point-of-sale process at Defendant's retail establishments during the period of time begining July 25, 2010 and continuing through the present.

California Civil Code section 1747.08 generally states that when a merchant is engaged in a retail transaction with a customer, the merchant may not request personal identification information from a customer paying for goods with a credit card, and then record that personal identification information upon the credit card transaction form or otherwise, nor may the merchant request the cardholder to write his/her personal identification information upon a credit card transaction form or otherwise.

DSW operates retail stores throughout the United States, including California. Defendant is engaging in a pattern of unlawful business practices by utilizing an "Information Capture Policy" whereby Defendant's cashiers both request and record personal identification information, in the form of addresses, zip codes, telephone numbers and/or e-mail addresses, along with credit card numbers from customers using credit cards at the point-of-sale in Defendant's retail establishments.