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Snowy
Premium
join:2003-04-05
Kailua, HI
kudos:6
Reviews:
·Clearwire Wireless
·Time Warner Cable

1 recommendation

reply to La Luna

Re: Sneaker store required to scan drivers license for returns!

said by La Luna:

They can do what ever they want.
No, they cannot.
A store may ask to "see" a drivers license in conjunction with a credit card sale, but they are expressly forbidden from capturing any of the drivers license in any form, digital or otherwise.


La Luna
RIP Lisa
Premium
join:2001-07-12
Warwick, NY
kudos:3

1 recommendation

said by Snowy:

said by La Luna:

They can do what ever they want.
No, they cannot.
A store may ask to "see" a drivers license in conjunction with a credit card sale, but they are expressly forbidden from capturing any of the drivers license in any form, digital or otherwise.
Yes, I changed my thought on that in my edit above.
--
1/20/09 The Beginning of the End

12,999 DEADLY TERROR ATTACKS SINCE 9/11


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to Snowy

said by Snowy:

said by La Luna:

They can do what ever they want.
A store may ask to "see" a drivers license in conjunction with a credit card sale,
They didn't ask for his ID at the time of SALE. They want it before they credit him a refund--- which is their own policy and is just fine.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini


Blue2
Premium
join:2004-04-14
France
kudos:1

said by KrK:

They didn't ask for his ID at the time of SALE. They want it before they credit him a refund--- which is their own policy and is just fine.
That doesn't make a lot of sense.

I'm sure the store can refuse to accept a credit card if they doubt it's legit, hence the request to provide some ID with the cc for a purchase.

But once you've purchased something and have a sales receipt, I'm not sure they can refuse the refund or create new conditions for it. When you pay by credit card, that is covered by the Fair Credit Billing Act (if paid by a credit NOT a debit card), which offers protection for returns as long as the sales receipt did NOT expressly indicate "no returns". How could they possibly force you to provide any more than what you provided when you purchased, since you didn't agree to that as one of the terms of sale?

As for merchants refusing to allow credit card purchases for small items, it's probably to not incur the merchant fees for small trivial transactions. I don't find that so unreasonable and if I were a merchant and some customer complained about it, I'd just as soon not have them as a customer...


81399672
Premium
join:2006-05-17
Los Angeles, CA
kudos:2

said by Blue2:

said by KrK:

They didn't ask for his ID at the time of SALE. They want it before they credit him a refund--- which is their own policy and is just fine.
That doesn't make a lot of sense.

I'm sure the store can refuse to accept a credit card if they doubt it's legit, hence the request to provide some ID with the cc for a purchase.

But once you've purchased something and have a sales receipt, I'm not sure they can refuse the refund or create new conditions for it. When you pay by credit card, that is covered by the Fair Credit Billing Act (if paid by a credit NOT a debit card), which offers protection for returns as long as the sales receipt did NOT expressly indicate "no returns". How could they possibly force you to provide any more than what you provided when you purchased, since you didn't agree to that as one of the terms of sale?

As for merchants refusing to allow credit card purchases for small items, it's probably to not incur the merchant fees for small trivial transactions. I don't find that so unreasonable and if I were a merchant and some customer complained about it, I'd just as soon not have them as a customer...
They can't refuse to procede with purchase if you refuse to show id as long as your cc is signed. This been discussed and cover many times already. Also they can't institute minimum purchase amount, again this been covered many times. They can have own return policy and i am not sure if any laws actually prohibit them from scanning your id in order to return.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to Blue2

Under credit card company card agreement, they cannot force you to provide ID at time of sale. They can ask but if you refuse they cannot demand it. If you haven't signed your card they can.

However the contract says nothing about returns or refunds of merchandise that was previously bought on credit cards--- so it's up to the store.

Of course, if a store refused a credit because you refused to show your ID, you could always leave the merchandise and then chargeback the charge.... problem is if you bought multiple items you won't be able to do that.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini


Bobcat79
Premium
join:2001-02-04

said by KrK:

Of course, if a store refused a credit because you refused to show your ID, you could always leave the merchandise and then chargeback the charge....
No, you KEEP the items and do a chargeback. After all, the store refused to accept them.
--
It's nice to be important, but it's more important to be nice.


81399672
Premium
join:2006-05-17
Los Angeles, CA
kudos:2

said by Bobcat79:

said by KrK:

Of course, if a store refused a credit because you refused to show your ID, you could always leave the merchandise and then chargeback the charge....
No, you KEEP the items and do a chargeback. After all, the store refused to accept them.
But you purchased the item, not sure how you legally can do a charge back when you received an item. I would understand if you order online and never got an item and they refuse to give you refund.How does that work with store refusing to accept your merchandise back?

MGD
Premium,MVM
join:2002-07-31
kudos:9
reply to KrK

said by KrK:

..Of course, if a store refused a credit because you refused to show your ID, you could always leave the merchandise and then chargeback the charge.... problem is if you bought multiple items you won't be able to do that.
I am sure that the requirement to cough up a DL to be scanned is unrelated to the original form of payment. Even if the OP had paid with cash, they would have still required the ID scan, in order to evaluate and accept / deny the request to return. In that instance paying in cash would limit your options for a return.

I am positive that if the OP checks with the store, the policy to scan ID is not a function of what method was used to pay for the original purchase, it will apply to all.

MGD

Bobcat79
Premium
join:2001-02-04
reply to 81399672

said by 81399672:

said by Bobcat79:

said by KrK:

Of course, if a store refused a credit because you refused to show your ID, you could always leave the merchandise and then chargeback the charge....
No, you KEEP the items and do a chargeback. After all, the store refused to accept them.
But you purchased the item, not sure how you legally can do a charge back when you received an item. I would understand if you order online and never got an item and they refuse to give you refund.How does that work with store refusing to accept your merchandise back?
It doesn't matter. The store refused to honor their return policy.


Anonymous_
Anonymous
Premium
join:2004-06-21
127.0.0.1
kudos:2
Reviews:
·Time Warner Cable
reply to Snowy

said by Snowy:

said by La Luna:

They can do what ever they want.
No, they cannot.
A store may ask to "see" a drivers license in conjunction with a credit card sale, but they are expressly forbidden from capturing any of the drivers license in any form, digital or otherwise.
wal-mart does the samething


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to MGD

Exactly; and I'm also sure it's legal.



KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to Bobcat79

said by Bobcat79:

said by KrK:

Of course, if a store refused a credit because you refused to show your ID, you could always leave the merchandise and then chargeback the charge....
No, you KEEP the items and do a chargeback. After all, the store refused to accept them.
Well you could try, but you'll probably have to prove it. The chargeback bank will probably insist you return the merchandise somehow (even if you have to ship it to them).
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini


TLEBP

@ebpleads.com
reply to Snowy

Do you know for a fact that this practice is illegal?
Is there something stated somewhere about this? Seems like some states allow it because I have seen it done at auto and motorcycle shows.