New UCL "unlawful" prong decision: Pineda v. Williams-Sonoma Stores, Inc.

In Pineda v. Williams-Sonoma Stores, Inc., ___ Cal.App.4th ___ (Oct. 8, 2009; pub. ord. Oct. 23, 2009), the plaintiff raised a UCL "unlawful" prong claim, but later "conceded" the defendant's demurrer based on lack of standing.  UCL standing therefore was not an issue on appeal. 

The remainder of the case was for alleged violation of Civil Code section 1747.08(a)(2), which prohibits merchants who accept credit cards from requesting and recording "personal identifying information" about the cardholder (in this case, her zip code) and invasion of privacy. The Court of Appeal (Fourth Appellate District, Division Two) affirmed the judgment following the trial court's order sustaining the defendant's demurrer to those claims.