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Stores Can't Force You To Show ID With Your Credit Card

Here's an interesting fact in this Red Tape Chronicles post about how to protect your private data bits from retailers who don't know any better: by the terms of their merchant agreement with credit card issuers, stores are not allowed to force you to present ID in addition to your credit card.

Check page 29 of the Visa merchant agreement (PDF).

Bob Sullivan doesn't like to hand over his personal information except when necessary. Considering the identity theft problem and how retailer's wireless networks are often wide-open for incursion, we can understand why. If a store cites its policy, you can threaten to complain to the provider. Violating the agreement could get them excommunicated from the network, and not able to accept credit cards.

Data collection: Just say 'I know my rights' [Red Tape Chronicles]

12:50 PM on Tue Dec 11 2007
By Ben Popken
10,368 views
167 comments

Comments

  • I have "Ask for License" written next to my signature on ALL of my credit cards. I get annoyed when they DON'T ask for ID.

    Having a checkout clerk look at your drivers license is a GOOD thing. Having them write down all your information is a bit different.

  • I hate causing a fuss with retail people, so I always give them fake zips/addresses/phone numbers.

  • @sleze69: I have to agree with you, I PREFER that they ask for ID with every transaction, but I dont think it's acceptable to write down my info.

  • Try telling this to the bastards at the Post Office.

  • Image of homerjay homerjay at 01:01 PM on 12/11/07 *

    The Apple Store is notorious for this, but its not like they're photocopying it. They just use it to verify the info on the card is the same. I don't see a problem with it.

  • My signature is always smeared (too much use?) so they always ask for ID, which I don't really mind. Seems safer...

  • If the store (ahem...Apple) checks ID for every sale does that mean that this doesn't apply?

  • Excuse me, but what does showing your id have to do with transferring data over an unsecured wireless network?

    It looks like Bob has way too much time in his hands and is aching for a fight with a big corporation.

  • Image of Ben Popken Ben Popken at 01:03 PM on 12/11/07 *

    This is also from page 29 in the handbook:

    "Some customers write "See ID" or "Ask for ID" in the signature panel, thinking that this is a deterrent against fraud or forgery; that is, if their signature is not on the card, a fraudster will not be able to forget it. In reality, criminals don't take the time to practice signatures: they use cards as quickly as possible after a theft and prior to the accounts being blocked. They are actually counting on you not to look at the back of the card and compare signatures--they may even have access to counterfeit identification with a signature in their own handwriting."

    Also, if you want to see how effective writing "SEE ID" is, see this prank over at Zug. By the end, he was signing his receipts "Shamu" and putting a picture of a whale on it. Nobody blinked. This method will not save you.

  • If you use Visa, please call their international service line if you are having trouble with a merchant. 1-800-VISA-911. I don't work for Visa, but I use my card a lot and like merchants to follow their rules and not ask for my ID. (That's why I am using my card and not writing a check!)

  • I can't believe the above comments are OK with this. Why should someone have to be carrying ID to make a non-age-controlled purchase?

  • @Ben Popken: On a bet, I once starting signing checks with the names of Presidents. They were accepted and cashed from Washington through Grover Cleveland (when I ran out of checks). So much for ANYONE (including banks) caring about signatures.

  • I hope someone in Utahrd will listen. I ge asked for my ID all the time, even if it is not credit and I pay with my debit card or check card they still ask for it :@ BTW Ben, no-one can forge my signature. I am an Artist, my signature is complicated to copy.

  • Image of Buran Buran at 01:07 PM on 12/11/07 *

    @qwickone: I don't like it when they do that either. It's none of their business, unless they need it to ship me something.

    I also switched to a license without my SSN on it, even when it was still possible to get one with your SSN on it. MO used to default to using your SSN unless you asked them not to when you were at the DMV. I didn't want it there in case my wallet was lost or stolen.

    I later did lose my wallet (and got it back; nothing was taken let alone moved, but I have the peace of mind of knowing that the security guy who located me couldn't "accidentally" memorize my SSN while looking at my driver's license to find me in the employee phone listing so that he could call me and tell me he found my wallet).

  • Image of Buran Buran at 01:08 PM on 12/11/07 *

    @amoeba: They don't need to forge your signature to use the card, because of the aforementioned "I don't care" clerks/retailers.

  • @Ben Popken: The handbook says: "criminals don't take the time to practice signatures." I'm hearing "Nobody at the point of sales is really checking that closely and even if they are they are not experts in handwriting analysis."

    As with otheers, I don't think it's a bad thing for them to check ID, although I would not want them to record any information. I haven't seen anyone do this, though.

  • If they persist in asking, I just show them my BofA debit card with my photo.

  • Image of Buran Buran at 01:11 PM on 12/11/07 *

    @punkrawka: Because some of us have been the victim of fraud due to merchants who failed to ensure that the buyer is the person the card was issued to, that's why. Waste hours demanding refunds, pursuing chargebacks, and otherwise getting pissed off will open your eyes. Hope it never happens to you. I'd rather spend 15 seconds showing my ID (which doesn't have any personal info on it that is easily memorized; if you want, you can try to memorize the address but my SSN isn't there) than spend 15 days dealing with criminals (and yes, I consider merchants who charged to my card because they couldn't be bothered to check "criminals" -- fraud is fraud) who resist having to put my money BACK even though they were able to steal it instantly.

    This is not like showing a receipt where not showing it doesn't cause anybody any harm. Failing to check IDs DOES cause real, verifiable harm.

    If you don't want to have to show ID, try cash.

  • Image of Buran Buran at 01:13 PM on 12/11/07 *

    @Troy F.: They don't. I have used someone else's card, WITH permission, WHILE he was with me; he was injured, couldn't stand up for long periods of time, and needed to sit down and rest while I checked out his groceries for him. He handed me his check card, and when I protested that I'm not a guy, can't imitate his signature, and am obviously not an "Andy", he said "Oh, they won't check anyway".

    I'm left-handed, so I picked up the pen in my right hand, made a random scribble on the signature line, and the checker never even looked! I would have greatly preferred that he interrogate me, then have me get my friend's ID from him while in sight of the checker, then bring the ID and card over to the checker, and get a manual override allowing the charge to be made.

    Nope. Didn't happen.

  • At EB Games, the devil, they insist upon ID even though my picture is on my card. I was infuriated because it is clearly me and I'm in there all the time and he refused to process it unless I used a PIN.

  • Of course they can't force@Ben Popken: Signatures mean nothing. Signatures are only for effect so a card holder 'feels secure'. Rarely will companies use the signature to verfiy anything because there are many other methods.

  • @punkrawka: Because I never go anywhere with my credit cards without my license. They are ALWAYS both in my wallet. The only way one would be without the other is if someone was using my credit card who ISN'T me.

    @Ben: I remember that Zug article. It was hysterical. That said, it just goes to show that people aren't using the security features ENOUGH. If it was mandatory across the board on credit card purchases, it would add a deterant to thieves.

  • I don't have a problem with showing ID. Like people have said...if they were to write down the info, then it'd be different.

  • @punkrawka: Let's not get ahead of ourselves. In most stores you can still pay with cash and never have anyone ask for id.

  • Also against the rules:

    - Minimum purchase requirements. If there is no minimum for cash purchases, there must be no minimum for credit card purchases.

    - Surcharges. Merchants can offer a discount for paying cash, but they can't add a special fee for credit card customers. (Unless otherwise allowed by law, as is sometimes the case when paying property taxes by credit card.)

    Merchants sometimes use these to offset the cost of (or even profit from) credit card transactions. They can't do that. If you see it, call them on it.

  • I commented on the original article, but it bears repeating:

    It may be illegal or against merchant agreements to ask for additional info for credit card sales, it's perfectly legit to ask for it during cash, check or debit sales, and if they put the query in the first part of the sale the method of payment is unknown.

    In fact, for checks it's required for the address to be printed on the check, and if the phone number isn't there it has to be written on. Certegy will ask for it if there's a flag on the account, and if it doesn't match, it declines the check.

    That said, it IS annoying, and I usually give fake info whenever I can (since I don't write checks at stores). Radio Shack has been the biggest offender of this, denying people the sale because they won't give their phone number.

    It might also be of some use to know that it doesn't matter one little bit what you sign in the box. Once you're at the point in the transaction where you're signing, it's already done. The card has been approved for the charge and in most cases the cashier can't go back. Cashiers aren't allowed to decline a sale based on the signature not matching, since companies don't want to be put into a position where they're either falsely accusing someone of credit card fraud, or confronting a criminal in the act. That's between Visa and the police. Both the retailer and the cardholder are covered against losses due to fraud, so what difference does it make?

  • @Buran: I have to disagree with you here, Buran. If you don't want to show ID, don't buy Alcohol, tobacco, or firearms. I don't like it when stores ask for id because they often enter address info into their systems for direct mail. At least when they ask you for that info you can decline.

    Moreover, you're free to write "SEE ID" on your card but you can't expect merchants to follow it. I never asked for anyone's ID when I was a waiter (for CC purchases) even if it said that on the card. It's not my job to protect that card, and I'm not a "criminal" because I didn't follow a law that you made up that says I need to check your ID. I have 6 other tables whose food is getting cold.

  • @punkrawka: what is the big deal about showing id to show that it is in fact your card. Unless the clerk has a photographic memory, your personal info is safe.

    also know that if he does have one....just seeing your credit card is enough. I know sometimes people really are out to get you, but not as often as you would like to think.

  • @DeeJayQueue: Ahh fake info. My standard is 1600 Pennsylvania Ave NW, Washington DC 20001. No one has ever questioned it.

  • Four words:
    batteries at Radio Shack

  • Note there is also a contridiction in the rules. If the merchants accept a fraudulent charge, they eat it, and they are supposed to take due care. Checking a photo ID, especially on a $1000+ purchase, is just common sense for the merchant.

  • So then, we should applaud Visa for possibly subverting fraud deterring techniques? Look, I know that not everyone checks ID properly or sigs and everything else, but SOME DO. To me, this is just stirring the pot to stir it.

    I feel it'd be better if Visa wrote it so you HAVE to check ID. Think about it: If they can't turn down a transaction because you won't show ID, then there's NO WAY to prevent fraud. Because, um, signatures are easier to copy/bypass than an ID.

    How's this: "Oh man, I'm sorry my sig doesn't look the same, but you see my hand's in a cast because I broke it yesterday skydiving, so yeah. Oh and by the way, I refuse to show you my ID because Visa frowns on that and you can't turn down the transaction because of that. So, uh, do I pull around back to pick up my 70" TV and home entertainment center?"

    If you want to spend w/o ID, do like another poster said; bring cash. I prefer that things tied to MY credit and MY finances be ID-centric, thanks.

  • I bought a DS Lite in October at Toys R Us. After the cashier ran my bank card, he asked for a driver's license, which I happily showed him. I then took the moment to thank him for asking for it, because I honestly was happy that a bordering-on-big-ticket purchase was being verified, even if only to the barest degree. I follow the same practice anytime I'm making an expensive purchase and they ask for ID.

    I must admit there's a part of me that is amused by the prospect that I'm not obligated to comply with the request in order to be able to complete the purchase, but on the whole I have no issue with presenting my driver's license when asked. The only time I'm bugged about being asked is when my bank apparently sends a random signal back to the store for whatever reason to have my ID checked. That only happens when I'm *not* making suspicious groups of purchases. Maybe $5-$7 worth of little grocery items.

    But in a case where it could be taken as suspicious activity, I'm really glad places train their employees to try to make sure it's me.

    @GothamGal: I can understand your position. But when I bought my Wii, it was from the Wal-Mart I was still working for at the time, and I was checked out by one of the Electronics girls I knew pretty well (and had been talking with that day for about ten minutes prior to noticing the Wii). She still asked for ID, just because it was the rule. If she hadn't, she could have just as easily caught trouble for it. Point is, the people might know you, but if they're doing their jobs right, they still have to ask for what they're told is acceptable ID.

  • The point of the article is that it is against the Visa and Mastercard rules for them to require an ID. It's completely irrelevant whether or not you like it when they ask for id. The fact of the matter is that by writing "See ID" or "Check ID" on the back of your card you have technically invalidated the card. It clearly says on the back of the card that it is invalid unless it is signed. Of course, I guess the rules don't apply to those of you who write "See ID", right?

  • My mother is disabled. I make much of her purchases for her, using her Visa check card and her many credit cards. Never had a problem. Sometimes the clerk does ask for Id, but since we have the same last name, they never care. I even write out her checks and sign them myself to pay her bills.

    One thing to remember here is this: although checking the signature CAN be used for identity verification, the main purpose a signature is required for a credit card transaction, is because you are entering into a credit contract, and the signature is required to seal that contract. If you ever actually READ a receipt before you sign it, most say something like "By signing this receipt you are agreeing to the terms set forth in your cardholder agreement."

    The signature is required to seal the contract, not to prove who you are. Same with signing the back of the card.

  • @Buran: I have had my credit card stolen. The chargebacks and fraud reports took about 30 minutes of my time (with BoA, no less). You must need a new bank. As long as credit cards can be used online, checking IDs at B&M stores does absolutely nothing to prevent theft and everything to impinge on the privacy and convenience of legitimate customers.

  • Stores checking for ID is a good thing. I seriously doubt any clerk is going to steal your identity when checking for credit card usage. The benefits far outweigh any potential harm that might come from stores checking your ID when using your credit card. Cmon Consumerist, this is obviously more helpful than it is detrimental.

  • Image of MercuryPDX MercuryPDX at 01:52 PM on 12/11/07 *

    @Mike_: Do you have a source for that info? I ask because I get hit with the "$5 minimum for all charges" and ".35 surcharge for using a credit card" all the time.

  • This will have the same implication as "You have the right to not show the guy at Walmart's exit the receipt but if you exercise your right then get ready for dirty looks and law enforcement to be called"!!

  • Another reason Visa may have this rule: I lost my wallet once (read = stolen). Didn't realize it for 24 hours. Got my statements, and in the 24 hours the thief had the cards, loads of $50-$100 purchases were made at..... gas stations.... eh?

    The thief bought gas, probably for everyone they knew.

    Well, gas pumps with credit card slots don't check ID OR require a signature. So if a gas pump can't check your ID, and you can potentially spend hundreds of dollars at one, then why should a clerk?

    Credit and debit cards and all the related technology are designed for one thing: convenience. And security /= convenience.

  • @MercuryPDX: @Mike_: Do you have a source for that info? I ask because I get hit with the "$5 minimum for all charges" and ".35 surcharge for using a credit card" all the time.

    Ditto.

  • @MercuryPDX:
    Check the Visa and Mastercard merchant manuals. It is absolutely against the rules for them to impose a minimum credit card charge. I run into it frequently in Chicago. However, in the interest of maintaining a good relationship with the one business I frequent that does have a minimum, I don't say anything (A small grocery store in my building).

  • Image of Buran Buran at 01:58 PM on 12/11/07 *

    @punkrawka: It does when you consider how thieves grab your purse/wallet and try to charge up as much as they can before you report the card stolen. If merchants check to make sure you look like the photo on the ID, and that the ID matches the card namewise, fraud is prevented.

  • @ExVee:

    Oh I forgot to add that I was buying a crappy $20 piece of plastic, not a WII or an Xbox 360 Elite. I am relishing in my next game purchase at EB Games because I will tell them to refer to page 29 of their merchant agreement with Visa on how they cannot require ID for acceptance of a transaction.

    Let me add that I go out without ID all the time because I don't drive and do not have a license. I have to drag my passport with me and I'm afraid of losing it. Oh yes, I am aware that I can get a state ID, but why should I waste my time at the DMV?

  • Image of Buran Buran at 01:59 PM on 12/11/07 *

    @RagingBoehner: And I have to disagree with you, because you admit that you can't be bothered to do something that only takes a FEW SECONDS to prevent potential fraud "because I don't have time" when only a few seconds is involved. You are only thinking about your own problems and not considering what kind of potential horror could be unleashed on the owner of the card for those few precious seconds you saved. Put yourself in other peoples' shoes instead of your own.

  • Image of MercuryPDX MercuryPDX at 02:00 PM on 12/11/07 *

    @Pylon83: I try not to make waves about the minimum either, and usually end up adding a few packs of gum or something to bring it up to the minimum.

    I can understand why a store would do both in an effort to get more bang for the buck for their per transaction processing fees, but it doesn't make it right.

  • Image of Buran Buran at 02:01 PM on 12/11/07 *

    @aaron8301: Why not have yourself added onto her accounts and have a card legitimately issued on her account in your name? It's free, and it allows ID to be checked, thereby protecting you and others, and allows you to help out your mom (which is cool of you to do).

  • Image of Buran Buran at 02:02 PM on 12/11/07 *

    @aaron8301: Because every little bit helps, that's why. Sure, some places let you swipe your card without ID being checked. But does that mean we shouldn't do everything possible, where possible, to make sure that people are honest? Of course not!

  • Image of Buran Buran at 02:03 PM on 12/11/07 *

    @GothamGal: If I was a console gamer, I'd be shopping at EB games right now because I appreciate it when people try to help others, unlike the guy above who claims a few seconds "takes too long" or whatever.

  • I've been asked for my ID many times when shopping in order to verify the Credit card belongs to me. I have never seen anyone record the information from the ID. All they have done is look at the picture, the name on both the ID and the card, and my face. I'm happy when they ask for some other ID to verify my card.

    I'm absolutely shocked that there are places that are taking IDs and recording information from them without your permission. Where in the world are you people shopping that they are recording information from your ID?