Legal Question in Business Law in California

Drivers Livense No. on Checks

I heard it's ''illegal'' for a merchant to add your CA Drivers License number to a personal check for acceptance.

It supposedly assists those interested in identity theft.

Is this correct?


Asked on 1/23/07, 2:54 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Drivers Livense No. on Checks

Any person accepting a check in payment for most goods or services at retail is prohibited from recording a purchaser's credit card number or requiring that a credit card be shown as a condition of accepting the check Per Civil Code Section 1725. Any person accepting a credit card in payment for most goods or services is prohibited from writing the cardholder's personal information on forms associated with the transaction. Civil Code Section 1747.08.

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Answered on 1/23/07, 3:15 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Drivers Livense No. on Checks

No, it's not correct.

Merchants and other payees are specifically authorized by statute to write personal identifying information on checks, including the drawer's California Driver's License number. See Penal Code section 476a(d)(1). It's part of the law regarding insufficient-funds checks.

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Answered on 1/23/07, 7:13 pm


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