California retailers banned from requesting Zip Codes
Written by Jeffrey Neu   

In a recent California case Pineda v. Williams-Sonoma, S178241 (Cal. Supreme Court; Feb. 10, 2011), California retailers have been banned for requesting Zip code information when processing credit card transactions.

Plaintiff made a purchase at Williams-Sonoma and when she went to pay, the cashier asked for plaintiff's ZIP code. Thinking she was required to provide it in order to complete the transaction, plaintiff provided it.

Plaintiff sued under the Song-Beverly Credit Card Act (the Credit Card Act) which prohibits a store that accepts credit cards from:

request[ing], or requir[ing] as a condition to accepting the credit card as payment...the cardholder to provide personal identification information, which the [store] records upon the credit card transaction form or otherwise.

It's interesting to note that there is a very different world from online and "B&M" (brick and mortar) retailers.  As Erci Goldman states it "Off-line retailers go to great lengths to identify and stay in touch with their customers. Online retailers can just use cookies, ask consumers to check a box on their website, or get consumers to like their Facebook page."  However, I have often thought it was a very different world between the two from a different perspective.  In the on-line world, we are required to post how we use information, what information we collect, and what we are using it for.  In a "B&M" store, they can ask you for whatever they want, and for some reason, we give it to them or don't, depending, and have no idea as to how that information will be used and for what reason.

Regardless, for all of you California retailers, no more asking for Zip Codes.



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