VIA CERTIFIED MAIL
Best Buy Co., Inc.
CT Corporation System, Inc.
1010 Dale Street North
St. Paul, MN 55117-5603
Re: Notice Of Dispute Regarding Best Buy’s Violations of State Privacy and Consumer Protection Laws
To Whom It May Concern,
I hereby provide formal notice of my individual consumer dispute with Best Buy Co., Inc. and its subsidiaries, affiliates, agents, and partners (collectively, “Respondent”). This dispute concerns the Respondent’s unlawful collection of my personally identifiable information (“PII”) in connection with a credit card transaction on the Respondent’s website, www.BestBuy.com, in violation of the Song-Beverly Credit Card Act, Civil Code § 1747.08 et seq., a consumer protection statute intended to guard against invasions of consumer privacy, spam marketing, and other misuses of consumers’ private information, including in connection with credit card transactions made on online platforms.
During the relevant time frame, I visited Respondent’s website to purchase physical merchandise that was to be delivered to me. During the check-out process, I was asked to provide both my street address, and my contact information, including both my telephone number and my email address before I entered my credit card information. In fact, if I did not provide this information, the website would not allow me to proceed with purchasing the product – the PII was a required field.
Despite requiring my PII to complete my credit card purchase, the collection of my PII is not necessary to complete a credit card transaction, and Respondent’s collection of my email address does not purport to be necessary to fulfill or ship my order. Respondent claims to be collecting my phone number for that purpose, stating, “You agree that Best Buy or its authorized service providers may call or text you at the number provided to fulfill your order or with information about your purchase including shipping.” However, there is no such disclosure, notification or language in connection with the email field. Respondent fully intended to collect this information and use it for its own marketing purposes, the precise misconduct the Song Beverly Act was intended to prevent.
I am informed and believe that Respondent knowingly and intentionally engages in this pattern and practice requiring that consumers fill out all PII fields during the credit card check out process and recording the PII contained in those fields. I did not consent to the unlawful collection and recording of my PII in connection with my credit card transaction on Respondent’s website, and reasonably assumed I was providing this information for a legitimate purpose. I had a reasonable expectation that my PII would remain private during my transactions with Respondent, and would not be collected or used for an unlawful purpose. Respondent’s actions constitute a serious invasion of privacy and are highly offensive to a reasonable person.
Accordingly, Respondent’s conduct violates California Civil Code § 1747.08, which provides, in part, the following:
[No] person, firm, partnership, association, or corporation which accepts credit cards for the transaction of business shall do any of the following:
(1) Request, or require as a condition to accepting the credit card as payment in full or in part for goods or services, the cardholder to write any personal identification information upon the credit card transaction form or otherwise.
(2) Request or require as a condition to accepting the credit card as payment in full or in part for goods or services, the cardholder to provide personal identification information, which the person, firm, partnership, association, or corporation accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise.
(3) Utilize, in any credit card transaction, a credit card form which contains preprinted spaces specifically designated for filling in any personal identification information of the cardholder. Civil Code § 1747.08(a)(1)-(3) (emphasis added).
Personal identification information includes any information not set forth on the credit card, including, but not limited to, the cardholder’s address and telephone number. California Civil Code § 1747.08(b).
In addition, Respondent’s conduct constitutes negligence, invasion of privacy, and unlawful intrusion upon seclusion under common law.
I seek the following non-exhaustive remedies:
Statutory and actual damages and interest permitted under federal, state, and local laws.
Penalties for willful misconduct, if permitted by statute.
Reasonable attorneys' fees and costs.
Any other equitable or injunctive relief deemed appropriate
I further request a response within fourteen (14) days of receipt of this notice to confirm whether Respondent is willing to engage in early resolution discussions. Should Respondent choose not to respond or if an amicable resolution is not reached within a 60-day period, I intend to initiate individual arbitration with AAA pursuant to Respondent’s Terms and Conditions published on https://www.bestbuy.com/site/help-topics/terms-and-conditions (“Terms”), last updated May 11, 2025. In the event arbitration becomes necessary, I request that Respondent assume full responsibility for all related expenses—or, at a minimum, for those costs that would make arbitration more expensive than proceeding in court.
I hereby reject any future modifications to the Terms (including the Privacy Policy) that Respondent may unilaterally impose without my explicit, written agreement. Nothing in this Notice or in any prior or subsequent communication shall be construed as a waiver of my right to contest any terms that unlawfully limit or restrict my substantive or procedural rights or remedies under state or federal law. Nevertheless, out of an abundance of caution and to avoid further delay in resolving my claim, I am making a good-faith effort to comply with any applicable notice or informal dispute resolution requirements. In the meantime, please preserve all evidence relevant to the collection of PII in connection with credit card transactions on www.bestbuy.com.
I authorize Respondent to disclose my confidential account records or other necessary information to my counsel, whose contact information is provided below, so that they may evaluate Respondent’s remediation efforts and any potential settlement proposals.
Please direct all communications regarding this matter to the undersigned counsel.
Sincerely,