California Song-Beverly Credit Card Act

Image from page 60 of “Le coq d’or, conte-fable : opéra en 3 actes” (1907) / IABI

The California Song-Beverly Credit Card Act (Song-Beverly Act) provides for consumer protection for cardholders. It includes privacy and security provisions such as prohibition from requesting certain information from consumers paying with credit cards, and requirements for truncation of card numbers in card receipts. The Act was co-sponsored by Senator Arbert H. Song (Democrat, Monterrey Park) and Senator Robert G. Beverly (Republican, South Bay) and signed into law in 1971 by governor Ronald Reagan. It has been amended several times.

Relationship with other laws.

• Federal Truth in Lending Act. The Song-Beverly Act includes provisions that are similar to the provisions in the federal Truth in Lending Act (15 U.S.C. 1601, et seq.). It is the intend of the legislator that the Song-Beverly Act be interpreted to so conform with the federal law. See, Cal. Civ. Code Sec. 1747.1
• CAN-SPAM. The Song-Beverly Act is not preempted by CAN-SPAM even-though protecting consumer privacy from intrusive marketing practices is one of the objectives of the Act. (See, Powers v. Pottery Barn -legal citation in Resources below)

Who is regulated (Territorial Scope)?

“Credit card” “issuers”, “retailers” and merchants are subject to Song-Beverly Act regarding their…