Supermarket Club Cards in California

California law governs the use of supermarket club cards in this state. Civil Code Division 3, Part 4, Title 1.4B contains Sections 1749.60 to 1749.66 and was enacted in 1999 by Chapter 586. Civil Code Section 1749.60 provides that Title 1.4B is known as the “Supermarket Club Card Disclosure Act of 1999.”

Section 1749.61 provides definitions for the following terms: “cardholder,” “supermarket,” “supermarket club card,” “club card issuer,” and “marketing information.” Section 1749.63 provides that a violation of Title 1.4B constitutes “unfair competition” under Business and Professions Code Section 17200.

Section 1749.64 prohibits a club card issuer from requesting in a supermarket club card application, or requiring as a condition of obtaining a supermarket club card, that an applicant provide a driver’s license number or a social security account number.

Section 1749.65 prohibits a club card issuer from selling or sharing a cardholder’s name, address, telephone number, or other personal identification information. However, a club card issuer can provide names and addresses of cardholders to a third party for purposes of mailing supermarket club card information to cardholders on behalf of the club card issuer. A club card issuer may share marketing information that includes cardholder names and addresses if the club card issuer complies with specified provisions.

Section 1749.66 provides that any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.