[misc.legal] Credit card, checks, and your personal information

wex@dali.pws.bull.com (Buckaroo Banzai) (12/01/90)

[NOTE: this article is posted to three (3) groups because it is relevant to
readers of all three.  If you followup, *please* edit the newsgroups: line
appropriately.]

The following is excerpted from an article in the 11/30/90 Boston Globe
Business section.  CNN is broadcasting a similar story on their nightly
national newshour.  What I find most interesting is the response of
MasterCard and Visa to the Radio Shack claim (see below):

GETTING PICKY ABOUT PLASTIC

"Tired of having to give your address and phone number every time you charge
a pair of socks?

"Consumers who use credit cards and checks are increasingly being asked to
provide information beyond what merchants have a right to know.  Not only is
the practice an invasion of your privacy [...] but it also may increase your
exposure to credit fraud.

"That is the warning in a report released yesterday by the Massachusetts
Public Interest Research Group[1] (MassPIRG) [...]  Entitled ``What They
Know Can Hurt You,'' the report charges that the check-cashing and
credit-card policies of many retail merchants expose consumers to fraud,
violate their privacy and tie up their credit."

[...]

"MassPIRG's survey of [Boston] area stores was launched after a Quincy [MA]
resident, Elaine McArdle, became furious at the way she was treated by a
Quincy sporting goods store."

[She tried to pay $90 by check, they demanded a credit card, wrote the # on
the check, then ran it through their machine.  She was less than $90 from
the limit, so the card was bounced and the store wouldn't take her check.
Credit card #s on checks are a big source of fraud.  The owner of the store
claimied they didn't have to take anybody's check.  MassPIRG tried the same
experiment at 10 other stores, plus tried using credit cards.]

"Six of the stores [...] wrote down additional personal information from
charge-card customers.  Five of those stores allowed the transaction to
continue after the [MassPIRG] researcher declined to provide the information
requested.  [...] Radio Shack [...] refused to allow the researcher [...] to
complete her transaction.

"John McKearney, district manager for Radio Shack in Boston, said his stores
have a right to reject any credit-card or check transaction.  He pointed out
that the information is not recorded on credit-card slips, but is entered
in an electronic database.  He said the data is used to help Radio Shack
recover losses from credit-card fraud, as well as for marketing purposes.

"But a spokeswoman for MasterCard said yesterday that merchants are
``violating their contract'' with MasterCard if they require a customer's
address and phone number as a condition for a credit-card transaction.  She
added that collecting addresses and phone numbers offers no protection to
merchants, and she adviased consumers to report any store's refusal to honor
their credit cards to the bank that issued their card.

"A spokesman for VISA said: ``Our position is that the merchant cannot
refuse to accept the card if the customer won't provide a telephone number
or address.''

[7 of the 10 stores MassPIRG went to with checks asked for a major credit
card, 4 of those wrote the # on the check.]

"MassPIRG supports legislation [in MA] that would penalize businesses that
go too far.  The legislation would assess fines of $250 ($1000 after the
first offense) on businesses that require anything other than a signature on
credit-card slips.  Four states has passed laws that prohibit recording
personal information on credit-card sales drafts."

[1] PLUG: I have worked for, and belong to, MassPIRG.  They are a very
effective, non-partisan, consumer and environmental group.  They concentrate
on research, lobbying/writing laws, and occasional litigation on behalf of
consumers and state residents.  I recommend them highly to anyone looking to
join a good organization in this domain.  There are PIRGs in 22 other
states, plus one in DC and a national arm (USPIRG).  Check out the one in
your state.  The PIRGs played a major role in getting the recent Clean Air
bill passed, and will be active in the upcoming battles over consumer
privacy laws, and the reauthorization of Superfund and RCRA.

--
--Alan Wexelblat			phone: (508)294-7485
Bull Worldwide Information Systems	internet: wex@spdcc.com (for now)
What I have on my desk is a 386 copralite.