Massachusetts Supreme Court Rules ZIP Codes Are Definitely "Personal Identification Information"

In a recent ruling arising from certain certified questions in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY (D. Mass. Jan. 6, 2012, the Massachusetts Supreme Court interpreted "personal identification information" under Mass. Gen. Laws, ch. 93, § 105(a) Section 105(a) to include a consumer's ZIP code and determined that collecting such personal information is a violation of state privacy law for which the consumer can sue (see slip opinion).

By way of background, the plaintiff, Tyler, alleged she was making a credit card purchase at Michaels (an arts and crafts retailer) when a cashier asked her for her ZIP code. Tyler provided her ZIP code. Tyler alleged her ZIP code was later used by Michaels to find Tyler's mailing address and telephone numbers and send her unwanted and unsolicited marketing materials. Tyler filed a class action complaint against Michaels claiming unjust enrichment and seeking a declaratory judgment that collecting ZIP codes is