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SINIBALDI v. REDBOX AUTOMATED RETAIL, LLC

No. 12-55234.

754 F.3d 703 (2014)

John SINIBALDI and Nicolle Disimone, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. REDBOX AUTOMATED RETAIL, LLC, a Delaware limited liability company, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2014.

Attorney(s) appearing for the Case

Christopher P. Ridout , Devon M. Lyon , and Caleb LH Marker , Ridout Lyon & Ottoson, LLP, Long Beach, CA, for Plaintiff-Appellant Nicolle DiSimone, and Daniel H. Qualls , Robin G. Workman (argued), and Aviva N. Roller , Qualls & Workman, LLP, San Francisco, California, for Plaintiff-Appellant John Sinibaldi.

Donald J. Kula , Perkins Coie, LLP, Los Angeles, CA, and Thomas L. Boeder , Amanda J. Beane , Eric D. Miller (argued), and Ryan T. Mrazik , Perkins Coie, LLP, Seattle, WA, for Defendant-Appellee.

Opinion by Judge Clifton; Dissent by Judge Reinhardt.

OPINION

CLIFTON, Circuit Judge:

Plaintiffs John Sinibaldi and Nicolle DiSimone appeal the dismissal of a putative class action alleging violations of California's Song-Beverly Credit Card Act of 1971, which prohibits retailers from collecting personal identification information in connection with credit card transactions. See Cal. Civ.Code § 1747.08. Defendant Redbox Automated Retail, LLC operates self-service kiosks throughout California and...

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