Fact Sheet 15(a):
Merchant Wallet Card

Copyright © 1994-2007.
Privacy Rights Clearinghouse / UCAN
Posted June 2004.
Revised May 2001.




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Merchant Wallet Card

You may print this card and carry it in your wallet. This "card" describes what information merchants can require when you pay by credit card and by check.

.....Any person accepting a credit card in payment for goods or services is prohibited from writing or recording the cardholder's personal information on any form associated with the credit card transaction (with some exceptions). This includes but is not limited to address, telephone number and SSN. The use of forms that contain preprinted spaces for personal information is prohibited.
.....Merchants can require that you show a California driver's license or ID card, or if not available, another form of photo ID. But this information cannot be written or recorded on any form associated with the credit card transaction. Violation of this prohibition is subject to a civil penalty of up to $250 for the first offense and up to $1000 for each subsequent offense. Section 1747.08 California Civil Code
Privacy Rights Clearinghouse  www.privacyrights.org

.....Any person accepting a check in payment for goods or services sold or leased at retail is prohibited from: (1)recording a credit card number(2)requiring that a credit card be shown as a condition of accepting the check. The card can be requested, but not required. (There are some exceptions to these provisions).
.....If a credit card is voluntarily provided, a merchant can record only the type of card, issuer and expiration date. Recording other forms of ID on checks, including name, address, phone, and driver's license number is not prohibited. The only information expressly prohibited from being recorded is the credit card number. Violation of this prohibition is subject to a civil penalty of up to $250 for the first offense and up to $1000 for each subsequent offense. Section 1725 California Civil Code
Privacy Rights Clearinghouse  www.privacyrights.org

 

  
 

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Copyright © 1994-2007. Privacy Rights Clearinghouse/UCAN. For distribution of this fact sheet, see our copyright and reprint guidelines. This copyrighted document may be copied and distributed for nonprofit, educational purposes only.The text of this document may not be altered without express authorization of the Privacy Rights Clearinghouse. This fact sheet should be used as an information source and not as legal advice. PRC fact sheets contain information about federal laws as well as some California-specific information. Laws in other states may vary. Overall, our fact sheets are applicable to consumers nationwide. This publication was originally developed under the auspices of the University of San Diego.

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