Consumer Watch/Alert: Swann Communications Song-Beverly Act Violation

NOTICE: If you are a resident of California and shopped online and purchased products from Swann Communications USA Inc. (“Swann”) 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.

In violation of California law, Swann 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 Swann’s website using a personal credit card, during the past year. Swann 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.

Swann is a large e-commerce company with its headquarters located in Sante Fe Springs, California that sells home security systems including but not limited to Wi-Fi and DVR systems and cameras. Customers can purchase goods and services from Swann through its website using their personal credit card.

If you are a California resident and purchased items through Swann website located at https://us.swann.com/ (using a personal credit card beginning in August 2023), then you were the victim of Swann’s unlawful conduct. (Note: If you affirmatively opted in to receiving marketing contact from Swann 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 Swann’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, Swann 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 Swann Communications USA Inc. (“Swann”) 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.