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Tyler v. Michael Stores, Inc. Opinion Summary: Employees of Michaels Stores, Inc. request and record customers' zip codes in processing credit card transactions. Plaintiff, a customer of Michaels, filed an action on behalf of herself and a putative class of Michaels customers in the federal district court, alleging that Michaels unlawfully writes customers' personal identification information on credit card transaction forms in violation of Mass. Gen. Laws ch. 93, 105(a) (the statute). The Supreme Court accepted certification to answer questions of state law and held (1) a zip code constitutes personal identification information for purposes of the statute; (2) a plaintiff may bring an action for violation of the statute absent identity fraud; and (3) the term "credit card transaction form" in the statute refers equally to electronic and paper transaction forms.
Melissa TYLER vs. MICHAELS STORES, INC.
SJC-11145.
Suffolk. Nov. 6, 2012. - March 11, 2013.
Privacy. Statute, Construction. Consumer Protection Act, Consumer, Availability of remedy. Words, "Personal
identification information," "Credit card transaction form."

CERTIFICATION of a question of law to the Supreme Judicial Court by the United States District Court for the
District of Massachusetts.

Jeffrey I. Carton, of New York (Douglas Gregory Blankinship with him) for the plaintiff.

Eric R. McDonough, of California (Jonathan W. Lent with him) for the defendant.

Joseph J. Lazzarotti, of New Jersey, & David J. Kerman & Brian C. Childs, for Retail Litigation Center, amicus
curiae, submitted a brief.

Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

BOTSFORD, J.

In 2011, Melissa Tyler, a customer of Michaels Stores, Inc. (Michaels), filed an action on behalf of herself and a
putative class of Michaels customers in the United States District Court for the District of Massachusetts. Tyler's
complaint alleged that Michaels unlawfully writes customers' personal identification information on credit card
transaction forms in violation of G.L. c. 93,

Download sjc-11145.pdf

Massachusetts Law