Legal Question in Consumer Law in California
Credit Cards as a second form of ID for writing a check
Is it legal for a merchant to require that a customer provide a credit card number as a second from of ID when writing a check?
2 Answers from Attorneys
Re: Credit Cards as a second form of ID for writing a check
Alvin is dead wrong. Here is the California Civil Code:
1725. (a) Unless permitted under subdivision (c), no person
accepting a negotiable instrument as payment in full or in part for
goods or services sold or leased at retail shall do any of the
following:
(1) Require the person paying with a negotiable instrument to
provide a credit card as a condition of acceptance of the negotiable
instrument, or record the number of the credit card.
Re: Credit Cards as a second form of ID for writing a check
It is not illegal for the merchant to ask. You may choose to either give it, pay some other way or refuse to do business. It is illegal, however, for the merchant to use the credit card number to pay for your purchase if your check is dishonored without your express permission.
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