Help - Search - Members - Calendar
Full Version: class-action lawsuits against retailers asking for ZIP-codes
CreditBoards > Special Topics > VISA MC policies
Pages: 1, 2
drab
Some attorneys are filing class actions against retailers alleging that retailers can't ask customers for any information at the time of a credit-card transaction - even ZIPcodes - without breaking the law. A class-action lawsuit was filed against Old Navy challenging this very practice.

http://www.sfgate.com/cgi-bin/article.cgi?.../EDHI16USCF.DTL
athensgaguy
Sounds like they wouldn't have to worry about class action lawsuits if they just didn't ask for any information.
centex
If they cannot demonstrate the same question is asked of people paying cash, I hope they get SLAPP'ed silly. Asking for ZIP at the POS often has more to do with tracking a customer base than ANYTHING to do with the method of purchase. Someone is hoping for a quick payday...there is no compelling privacy interest there...
GEORGE
SOME PEOPLE HAVE TOO MUCH TIME ON THEIR HANDS

A ZIP CODE HURTS NOBODY

IF IT IS WITH A CREDIT CARD...IT IS BETTER THAN ASKING FOR A DRIVER'S LICENSE

IF IT IS JUST A SURVEY AND YOU FEAR SOMETHING...FEEL FREE TO USE ONE OF THE MANY ZIP CODES OF DOWNTOWN LA

90021
Uncle Leo
QUOTE (centex @ Apr 12 2009, 08:42 AM) *
If they cannot demonstrate the same question is asked of people paying cash, I hope they get SLAPP'ed silly. Asking for ZIP at the POS often has more to do with tracking a customer base than ANYTHING to do with the method of purchase. Someone is hoping for a quick payday...there is no compelling privacy interest there...


Yep.

Oh, and besides... you can always decline to answer, too. I did that a few times before I figured out it wasn't a big deal, and nobody ever gave me any grief about it.

Nana83
I gladly give my zip code, because I'm hopeful that retailers will start bringing more businesses to my area instead of folks in my area having to drive across town to shop.
jdmc1973
Hmmmm....and all this time I thought they were asking for my zip code to verify it against the billing address of my credit card to prevent fraud. I figured that's what it was since it always asks me at the gas pump too.
GEORGE
Where the customers come from hurts nobody

We did them a couple of times

THE ONLY ONES WHO HAD A MAJOR ATTITUDE WERE THE CASH CUSTOMERS

wacko.gif
Uncle Leo
QUOTE (jdmc1973 @ Apr 12 2009, 11:00 AM) *
Hmmmm....and all this time I thought they were asking for my zip code to verify it against the billing address of my credit card to prevent fraud. I figured that's what it was since it always asks me at the gas pump too.


At the gas pump it generally is to help combat fraud. When a clerk in a retail store asks, it's generally to track their customer base so they know where best to focus their marketing, potential new stores, etc., and they will generally ask all customers regardless of payment method.
athensgaguy
QUOTE (Uncle Leo @ Apr 12 2009, 12:13 PM) *
QUOTE (jdmc1973 @ Apr 12 2009, 11:00 AM) *
Hmmmm....and all this time I thought they were asking for my zip code to verify it against the billing address of my credit card to prevent fraud. I figured that's what it was since it always asks me at the gas pump too.


At the gas pump it generally is to help combat fraud. When a clerk in a retail store asks, it's generally to track their customer base so they know where best to focus their marketing, potential new stores, etc., and they will generally ask all customers regardless of payment method.



I guess the lawsuits are using the CA statutes that makes it illegal to record information on the CC user at the time of the sale, if the zip code is kept.
GEORGE
LIKE I HAVE ROOM ON THE WALL FOR ANOTHER $0.18 CLASS ACTION CHECK

wacko.gif
Uncle Leo
QUOTE (athensgaguy @ Apr 12 2009, 11:42 AM) *
QUOTE (Uncle Leo @ Apr 12 2009, 12:13 PM) *
QUOTE (jdmc1973 @ Apr 12 2009, 11:00 AM) *
Hmmmm....and all this time I thought they were asking for my zip code to verify it against the billing address of my credit card to prevent fraud. I figured that's what it was since it always asks me at the gas pump too.
At the gas pump it generally is to help combat fraud. When a clerk in a retail store asks, it's generally to track their customer base so they know where best to focus their marketing, potential new stores, etc., and they will generally ask all customers regardless of payment method.
I guess the lawsuits are using the CA statutes that makes it illegal to record information on the CC user at the time of the sale, if the zip code is kept.


I wouldn't be surprised that that's the tact they'd use, but as has been mentioned, unless they can prove that cash customers do not get asked the same question I think they'd be hard pressed to get anything out of it. Besides, zip code alone is hardly identifying information.



Unas2k5
The transaction doesn't go thru if you dont key in your correct billing zip code.
kevatucr
QUOTE (Unas2k5 @ Apr 12 2009, 12:22 PM) *
The transaction doesn't go thru if you dont key in your correct billing zip code.

Are you sure that's even with a debit transaction?
Unas2k5
QUOTE (kevatucr @ Apr 12 2009, 03:41 PM) *
QUOTE (Unas2k5 @ Apr 12 2009, 12:22 PM) *
The transaction doesn't go thru if you dont key in your correct billing zip code.

Are you sure that's even with a debit transaction?


Yes, my father has a couple gas stations and the system requires that you key in the billing address for your credit card. It's just added security. No complaints.

Oh and for debit , just their pin.
Continental
QUOTE (drab @ Apr 12 2009, 02:32 AM) *
Some attorneys are filing class actions against retailers alleging that retailers can't ask customers for any information at the time of a credit-card transaction - even ZIPcodes - without breaking the law. A class-action lawsuit was filed against Old Navy challenging this very practice.

In addition to the credit card rules, state laws prohibit merchants from requiring additional information when accepting credit cards. Merchants cannot make note of your phone number, address, driver's license or other personal information. They can't even hint to consumers that such information is required. Consumers can sue merchants that require additional information with credit card transactions and win big money. Civil penalties of $250 for the first violation and $1,000 for subsequent violations are awarded to consumers when merchants break this law.

CREDIT CARD SIGNATURE IS ALL THE ID NEEDED

When you pay for merchandise with a Visa card, MasterCard, or American Express any store that accepts these cards should accept yours too, no questions asked. It's part of the deal that merchants agree to when they become participating members.

They must check your signature and the card - electronically or by telephone - to be sure it's valid. Once the answer comes up yes, they can go ahead and charge. They can't ask you for any further identification - not a license plate number, Social Security number, proof of address, phone number or photo ID.

Your personal ID isn't needed because Visa, MasterCard, and American Express all guarantee payment on cards that have been properly checked. If the issuer mistakenly authorizes a sale on a bad card, it should make good. MasterCard says that merchants receive instant settlement. The contract MasterCard merchants sign specifically prevents them from asking for personal ID.

Unfortunately, not all merchants play by the rules. Some, apparently, haven't read them.

WHAT YOU CAN DO

MasterCard wants to hear about merchants who break their rules. Send the name and address and an account of what happened to MasterCard WorldWide 2000 Purchase St. Purchase, NY 10577 or call 1-800-300-3069. The merchant's bank will get a stiff letter, ordering it to investigate and bring the offending store into line - or pay a $2,000 fine. You may also report violations online:

http://www.mastercard.com/us/personal/en/c...violations.html

Visa enforces the same rules as MasterCard. "When we hear about a violation, we ask the bank that signed the merchant to get together with the merchant and see that the practice is stopped," Visa representative states. To report a merchant, send a letter to the bank that that issued your Visa card or call 1-800-VISA-911.

American Express also prohibits merchants from asking for IDs. "All a merchant is supposed to do is take an imprint, make sure the signature matches and swipe the card through the terminal, to get authorization."



noverRhead
At our local Kmart, you key in your zip and your pin code for a debit card
Continental
QUOTE (GEORGE @ Apr 12 2009, 01:37 PM) *
LIKE I HAVE ROOM ON THE WALL FOR ANOTHER $0.18 CLASS ACTION CHECK

Worth every penny to stop these crooks from demanding zip codes at POS.


centex
The suits sound like an opportunity to do nothing more than profit from a poorly written statute. A ZIP at the POS does nothing in the way of serving as a "personal identifier" other than to put you in a pool of several thousand people.

And in the alternative, if the ZIP is actually being used in the same manner as the pump authorizations were using it, there should be massive applause for at least attempting to stem the losses associated with fraudulent use of cards. Zero liability has been shown to be a crock...I am living proof of that.
GEORGE
QUOTE (Continental @ Apr 13 2009, 04:27 AM) *
QUOTE (GEORGE @ Apr 12 2009, 01:37 PM) *
LIKE I HAVE ROOM ON THE WALL FOR ANOTHER $0.18 CLASS ACTION CHECK

Worth every penny to stop these crooks from demanding zip codes at POS.

ZIP CODE is far from the same thing as a DRIVER'S LICENSE
==============================
ZIP CODE or DRIVER'S LICENSE...ZIP CODE WINS HANDS DOWN
==============================
YOU WANT THE $0.18 CHECK???

rofl.gif

foodporncess
This suit sounds silly. If you don't want to give your zip, don't. I very nicely say no all the time when they ask for it at big box stores. My city doesn't need another one smile.gif And at the pump, I think it's great that they ask for it since it's a fraud thing.
Continental
QUOTE (GEORGE @ Apr 13 2009, 09:48 AM) *
ZIP CODE or DRIVER'S LICENSE

Both illegal. Hence the lawsuits..

nothingtolose
QUOTE (drab @ Apr 12 2009, 02:32 AM) *
Some attorneys are filing class actions against retailers alleging that retailers can't ask customers for any information at the time of a credit-card transaction - even ZIPcodes - without breaking the law. A class-action lawsuit was filed against Old Navy challenging this very practice.

http://www.sfgate.com/cgi-bin/article.cgi?.../EDHI16USCF.DTL


Amex Blue sometimes triggers a zip code question where my other Visa/MC don't. I thought it's an Amex precaution not a retailer-specific policy but I never looked into it.
SamuraiJack
I dont mind giving a Zip.. i figure it is for tracking since they do it when I need cash.. its the ones who want my whole freakin street and email address that piss me off.. like I dont get enough junk mail...
Continental
QUOTE (foodporncess @ Apr 13 2009, 09:02 AM) *
I very nicely say no all the time when they ask

No one should ever have to be put through such nonsense.

GEORGE
QUOTE (Continental @ Apr 13 2009, 11:42 AM) *
QUOTE (GEORGE @ Apr 13 2009, 09:48 AM) *
ZIP CODE or DRIVER'S LICENSE

Both illegal. Hence the lawsuits..

rofl.gif

DRIVER'S LICENSE NO WAY

ZIP CODE IS FINE WITH ME
Continental
QUOTE
Are you familiar with the broken window theory? Sociological research suggests that non-enforcement of minor violations of laws or rules encourages further violations from others, resulting in a viscous cycle that continues to breed breaches of what is defined as acceptable behavior.

This isn't esoteric stuff. People are more likely to litter if a city does not respond to a litter problem with cleaning and enforcement. The mere presence of litter is likely to breed more litter, as those who are not inherently inclined to litter feel that they aren't creating a problem that doesn't already exist.

Curious
I have no problem giving out my zip code. There are thousands of other folks with the same zip code. No BIG deal for me. glare.gif
GEORGE
QUOTE (Curious @ Apr 13 2009, 05:31 PM) *
I have no problem giving out my zip code. There are thousands of other folks with the same zip code. No BIG deal for me. glare.gif

SOME CITIES HAVE 25,000--->100,000 (or more) PEOPLE WITH THE SAME ZIP CODE
centex
QUOTE (Continental @ Apr 13 2009, 06:29 PM) *
QUOTE
Are you familiar with the broken window theory? Sociological research suggests that non-enforcement of minor violations of laws or rules encourages further violations from others, resulting in a viscous cycle that continues to breed breaches of what is defined as acceptable behavior.

This isn't esoteric stuff. People are more likely to litter if a city does not respond to a litter problem with cleaning and enforcement. The mere presence of litter is likely to breed more litter, as those who are not inherently inclined to litter feel that they aren't creating a problem that doesn't already exist.



do you EVER have an original thought? You know, something other than copy and paste of OTHER PEOPLE'S WORK?

I dare say that seeking a ZIP for demographic tracking has absolutely NOTHING to do with sociological theories on crime...and yes, I am QUITE familiar with the theory, having incorporated it into various writings during the late 80's and early 90's related to the non-response on domestic violence in a specific set of circumstances.
dave7250
This is slightly off subject but I never could figure out why Lowe's always asks me for the last four digits on my card.

Why bother having a self-serving card swiping machine only to ask me for the last four digits.

Why not just take the card and swipe it themselves and save me the trouble of having to dig it out again.
GEORGE
QUOTE (dave7250 @ Apr 13 2009, 07:00 PM) *
This is slightly off subject but I never could figure out why Lowe's always asks me for the last four digits on my card.

Why bother having a self-serving card swiping machine only to ask me for the last four digits.

Why not just take the card and swipe it themselves and save me the trouble of having to dig it out again.

IT IS A DOUBLE CHECK

The POST OFFICE types in the last 4 every time I use my credit cards

"IF" you had a CLOANED CARD with different numbers on the front than was being charged...THE SALE WOULD BE DENIED
ny86yanks
i disagree with this

thats why prices go up..people sue for stupid things....
athensgaguy
QUOTE (ny86yanks @ Apr 13 2009, 09:32 PM) *
i disagree with this

thats why prices go up..people sue for stupid things....


Well, this suit probably has merit, so the folks doing the asking should have done a little more research to avoid this problem.
mikkopel
Does Radio Shack still ask for your phone number when you buy batteries? tongue.gif
GEORGE
QUOTE (mikkopel @ Apr 13 2009, 07:53 PM) *
Does Radio Shack still ask for your phone number when you buy batteries? tongue.gif

I got sales papers BECAUSE they were given my name and address

The phone number was a SHORT CUT to the name and address

Have not been to one in like 5 or 10 years

I liked the sales papers in the mail

I AM NOT LIKE SOME WHO FEAR MAIL IN THEIR MAILBOX
unleashedfury
I know for a fact that KMart asks for zipcodes and i asked why>??/ they told me its to see where most of their customers are from and how far they are traveling to shop at KMART.... well if i am on vacation in like Kansas or something hell they can have my zip code if they really think i am gonna travel that far for a kmart store....

As far as this Class action gig... its just some fancy prancy lawyers looking to score some cash.
GEORGE
QUOTE (unleashedfury @ Apr 13 2009, 08:13 PM) *
I know for a fact that KMart asks for zipcodes and i asked why>??/ they told me its to see where most of their customers are from and how far they are traveling to shop at KMART.... well if i am on vacation in like Kansas or something hell they can have my zip code if they really think i am gonna travel that far for a kmart store....

As far as this Class action gig... its just some fancy prancy lawyers looking to score some cash.

DOWNTOWN LA--->90021

I use one of my CA ZIP CODES "IF" they are just asking ZIP CODE for a survey
Continental
QUOTE (drab @ Apr 12 2009, 02:32 AM) *
Some attorneys are filing class actions against retailers alleging that retailers can't ask customers for any information at the time of a credit-card transaction - even ZIPcodes - without breaking the law. A class-action lawsuit was filed against Old Navy challenging this very practice.
QUOTE (centex @ Apr 12 2009, 08:42 AM) *
If they cannot demonstrate the same question is asked of people paying cash, I hope they get SLAPP'ed silly.

It’s illegal regardless of whatever their irrelevant cash customer policy may be.

In addition to the credit card rules, state laws prohibit merchants from requiring additional information when accepting credit cards. Merchants cannot make note of your phone number, address, driver's license or other personal information. They can't even hint to consumers that such information is required. Consumers can sue merchants that require additional information with credit card transactions and win big money. Civil penalties of $250 for the first violation and $1,000 for subsequent violations are awarded to consumers when merchants break this law.

CREDIT CARD SIGNATURE IS ALL THE ID NEEDED

When you pay for merchandise with a Visa card, MasterCard, or American Express any store that accepts these cards should accept yours too, no questions asked. It's part of the deal that merchants agree to when they become participating members.

They must check your signature and the card - electronically or by telephone - to be sure it's valid. Once the answer comes up yes, they can go ahead and charge. They can't ask you for any further identification - not a license plate number, Social Security number, proof of address, phone number or photo ID.

Your personal ID isn't needed because Visa, MasterCard, and American Express all guarantee payment on cards that have been properly checked. If the issuer mistakenly authorizes a sale on a bad card, it should make good. MasterCard says that merchants receive instant settlement. The contract MasterCard merchants sign specifically prevents them from asking for personal ID.

Unfortunately, not all merchants play by the rules. Some, apparently, haven't read them.

WHAT YOU CAN DO

MasterCard wants to hear about merchants who break their rules. Send the name and address and an account of what happened to MasterCard WorldWide 2000 Purchase St. Purchase, NY 10577 or call 1-800-300-3069. The merchant's bank will get a stiff letter, ordering it to investigate and bring the offending store into line - or pay a $2,000 fine. You may also report violations online:

http://www.mastercard.com/us/personal/en/c...violations.html

Visa enforces the same rules as MasterCard. "When we hear about a violation, we ask the bank that signed the merchant to get together with the merchant and see that the practice is stopped," Visa representative states. To report a merchant, send a letter to the bank that that issued your Visa card or call 1-800-VISA-911.

American Express also prohibits merchants from asking for IDs. "All a merchant is supposed to do is take an imprint, make sure the signature matches and swipe the card through the terminal, to get authorization."



pryan67
Continental....



I've asked you several times before....


WHAT FEDERAL LAW IS BEING BROKEN?




As everyone here knows, I'm all FOR using the court system to enforce your rights if necessary...


but this is plain silly...it's someone looking for a quick settlement...


hey...here's my zip code 60604....


now...use that to identify me (after all, that's what "identifying information" is for, right, identifying people)

please....feel free to do so

GEORGE
NOT CREDIT CARD SPECIFIC

I guess the "SURVEY" side was forgotten about???
GEORGE
AT THIS POINT...asking for a ZIP CODE is legal and permitted by credit card policy
Continental
Illegal in California. Hence the lawsuits..
thelowpriceleader
Kmart's register system has the following zip-code payment processing prompts:

Cash: no zip code
Check: no zip code
Kmart Gift Card/Sears Gift Card: no zip code
American Express: zip code required- must match billing address- screen displays prompt "ENTER BILLING ZIP CODE" after card is swiped.
Visa/MC/Discover/Sears/PIN Debit: screen displays prompt "RE ENTER BILLING ZIP CODE" after card is swiped. You can type in whatever zip code you want or hit cancel and your transaction will process. It does not have to match anything and these zip codes ARE collected for marketing purposes.
Uncle Leo
QUOTE (thelowpriceleader @ Apr 15 2009, 11:25 PM) *
Kmart's register system has the following zip-code payment processing prompts:

Cash: no zip code
Check: no zip code
Kmart Gift Card/Sears Gift Card: no zip code
American Express: zip code required- must match billing address- screen displays prompt "ENTER BILLING ZIP CODE" after card is swiped.
Visa/MC/Discover/Sears/PIN Debit: screen displays prompt "RE ENTER BILLING ZIP CODE" after card is swiped. You can type in whatever zip code you want or hit cancel and your transaction will process. It does not have to match anything and these zip codes ARE collected for marketing purposes.


I rarely shop at K-mart so I have never experienced this specifically, but most other stores where I have been asked I was verbally asked by the cashier regardless of payment type.
GEORGE
QUOTE (thelowpriceleader @ Apr 15 2009, 10:25 PM) *
Kmart's register system has the following zip-code payment processing prompts:

Cash: no zip code
Check: no zip code
Kmart Gift Card/Sears Gift Card: no zip code
American Express: zip code required- must match billing address- screen displays prompt "ENTER BILLING ZIP CODE" after card is swiped.
Visa/MC/Discover/Sears/PIN Debit: screen displays prompt "RE ENTER BILLING ZIP CODE" after card is swiped. You can type in whatever zip code you want or hit cancel and your transaction will process. It does not have to match anything and these zip codes ARE collected for marketing purposes.

THE ONE TIME IN THE PAST 15 YEARS I WEENT TO K-MART...they asked for ID on my credit card...I said NO the card is signed on the back...then she said oh it is AMEX..."ZIP CODE ONLY"
centex
for those that really want to know...

78746 with a touch of 78701 for good measure
hegemony
I am not a credit card thief and if a retailer treats me like one I react accordingly.
hlburi
QUOTE (Continental @ Apr 13 2009, 05:27 AM) *
QUOTE (GEORGE @ Apr 12 2009, 01:37 PM) *
LIKE I HAVE ROOM ON THE WALL FOR ANOTHER $0.18 CLASS ACTION CHECK

Worth every penny to stop these crooks from demanding zip codes at POS.



good...next time you are at the pay at the pump, can you tell me so I can come and watch you argue with the machine. laugh.gif
hlburi
QUOTE (Uncle Leo @ Apr 16 2009, 09:08 AM) *
QUOTE (thelowpriceleader @ Apr 15 2009, 11:25 PM) *
Kmart's register system has the following zip-code payment processing prompts:

Cash: no zip code
Check: no zip code
Kmart Gift Card/Sears Gift Card: no zip code
American Express: zip code required- must match billing address- screen displays prompt "ENTER BILLING ZIP CODE" after card is swiped.
Visa/MC/Discover/Sears/PIN Debit: screen displays prompt "RE ENTER BILLING ZIP CODE" after card is swiped. You can type in whatever zip code you want or hit cancel and your transaction will process. It does not have to match anything and these zip codes ARE collected for marketing purposes.


I rarely shop at K-mart so I have never experienced this specifically, but most other stores where I have been asked I was verbally asked by the cashier regardless of payment type.



Walgreens also ALWAYS asks for zip when using an Amex card
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2009 Invision Power Services, Inc.