The decision is up: Pioneer Electronics (USA), Inc. v. Superior Court, ___ Cal.4th ___ (Jan. 25, 2007). I haven't finished reading the entire opinion, but it is unanimous, and the introduction reads, in relevant part:
The Court of Appeal ruled that trial courts in such cases must assure not only that all prospective or potential class members receive actual notice of their right to grant or withhold consent to the release of their personal identifying information, but also that such consent must be exhibited by each potential class member’s own positive act of agreeing to disclosure, rather than by their mere passive failure to object. Because this ruling is overprotective of the purchasers’ privacy rights, inconsistent with established privacy principles, and likely to cause adverse consequences in future cases, we will reverse.
(Slip op. at 2.)