viernes, 21 de junio de 2013

Proteger identidad en tiendas, zip code, voluntario


Corte Declara en caso de solicitud de  Zip Code - en tiendas


clarifying and nonsubstantive suggests the Legislature understood former section
1747.8 to already prohibit the requesting and recording of any of the information,
including ZIP codes, contained on driver‟s licenses and state identification cards.
Second, the 1990 version of former section 1747.8 forbade businesses from
“requir[ing] the cardholder, as a condition to accepting the credit card, to provide
personal identification information . . . .” (Stats. 1990, ch. 999, § 1, p.4192.) In
1991, the provision was broadened, forbidding businesses from “requesting or
requir[ing] as a condition to accepting the credit card . . . , the cardholder to
provide personal identification information . . . .” (Stats. 1991, ch.1089, § 2,p.
5043, italics added.) “The obvious purpose of the 1991 amendment was to
prevent retailers from „requesting‟ personal identification information and then
matching it with the consumer‟s credit card number.”“The 1991 amendment prevents a retailer from making an end run around the law by claiming the customer furnished personal identification data „voluntarily.‟ ” (Ibid.) That the Legislature so expanded the scope of former section 1747.8 is further evidence it intended a broad consumer protection statute.
To be sure, the legislative history does not specifically address the scope of
section 1747.08, subdivision (b) or whether the Legislature intended a ZIP code,
without more, to constitute personal identification information. However, the
legislative history of the Credit Card Act in general, and section 1747.08 in
particular, demonstrates the Legislature intended to provide robust consumer
protections by prohibiting retailers from soliciting and recording information
about the cardholder that is unnecessary to the credit card transaction. Plaintiff‟s
interpretation of section 1747.08 is the one that is most consistent with that
legislative purpose

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