Law Homework Help

Background:   Chong is continuing to prepare a professional development seminar for the City Bar Association.  She has asked you to provide a statutory analysis on a fact scenario she has given you.

Instructions: 

Review the fact scenario and accompany statute information.

Analyze and fully explain whether Jennifer Ender in the Fact Scenario has a cause of action to bring a lawsuit under the statute.

The analysis must be specific, detailed with well supported conclusions.  (Merely stating “yes” or “no” is not acceptable.) 

Do not do additional research; use only the fact scenario and statute provided.   

Fact Scenario:  On several occasions during the past several months, Jennifer Ender made purchases with a credit card at a retail store in Annapolis, Maryland. During these transactions, an employee asked Jennifer to provide her home zip code number. At first, Jennifer did not want to provide her zip code number.  After finally being told that her zip code was not necessary to complete her sale transactions, Jennifer willingly disclosed the number.  She only provided the zip code so that she could leave the store with her purchases. The store maintains a policy of writing customers’ names, credit card numbers, and zip codes on electronic credit card transaction forms in connection with credit card purchases. The store used Jennifer’s name and home zip code number in conjunction with other commercially available databases to find her address and telephone number. Jennifer subsequently received a significant amount of unsolicited and unwanted marketing material from the store including solicitations for a credit card with the store.

Jennifer wants to sue the store as her identity has recently been stolen.  She thinks that the culprits got stole her mail and applied for a one of the credit card notices from the store using her identity. Using the statutory law listed below provide your thorough analysis on whether she can bring a lawsuit.  Be very logical and detailed in your analysis. 

Consider each of the relevant elements of the statutory provisions.   In your analysis, you must apply the statute to the facts of Jennifer’s case. 

Statute: 

• 105. Credit cards; checks; personal identification information

[was inserted in the General Laws by St. 1991, c. 414, § 1. The title of this act is “An Act relative to consumer privacy in commercial transactions.”]

(a)    No person, firm, partnership, corporation or other business entity that accepts a credit card for a business transaction shall write, cause to be written or require that a credit card holder write personal identification information, not required by the credit card issuer, on the credit card transaction form. Personal identification information shall include, but shall not be limited to, a credit card holder’s address or telephone number. The provisions of this section shall apply to all credit card transactions; provided, however, that the provisions of this section shall not be construed to prevent a person, firm, partnership, corporation or other business entity from requesting information that is necessary for shipping, delivery or installation of purchased merchandise or services or for a warranty when such information is provided voluntarily by a credit card holder.

(d) Any violation of the provisions of this chapter shall be deemed to be an unfair and deceptive trade practice. An individual aggrieved by a violation of the provisions of this section may notify the office of consumer affairs and business regulation or the office of the attorney general. The executive office of consumer affairs is authorized to promulgate rules or regulations necessary to enforce the provisions of this section.

• 2. Unfair practices; legislative intent; rules and regulations

(a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

• 9. Civil actions and remedies; class action; demand for relief; damages; costs; exhausting administrative remedies

(1) Any person, other than a person entitled to bring action under section eleven of this chapter, who has been injured by another person’s use or employment of any method, act or practice declared to be unlawful by section two . . . may bring an action in the superior court, whether by way of original complaint, counterclaim, cross-claim or third-party action, for damages and such equitable relief, including an injunction, as the court deems to be necessary and proper.

Write in correct, complete sentences in paragraph format, unless instructed otherwise.