In In re Late Fee and Over-Limit Fee Litigation, 2007 WL 4106353 (N.D. Cal. Nov. 16, 2007), Judge Saundra Brown Armstrong had this to say about the CLRA and whether it applies to credit card transactions:
The plaintiffs' CLRA claim must also be dismissed because, as California appellate courts have held, credit card accounts are not "goods or services" subject to that statute. Berry v. Am. Express Publ'g, Inc., 147 Cal.App. 4th 224 (2007) (discussing Cal. Civ.Code § 1770(a)). Every federal court addressing the issue has followed this precedent. See Van Slyke v. Capital One Bank, 503 F.Supp.2d 1353, 1358 (N.D. Cal. 2007); Augustine v. FIA Card Servs., N.A., 485 F.Supp.2d 1172, 1175 (E.D. Cal. 2007). [FN9]
FN9. The plaintiffs have argued that credit card accounts are "goods or services" as that phrase is used in other statutes, but those diferent statutes are inapposite, especially in light of the particular legislative history of the CLRA making it clear that the legislature intentionally excluded credit. See, e.g., Van Slyke, 503 F.Supp.2d at 1358-59; Augustine, 485 F.Supp.2d at 1175.
Id. at *11.