Dear Consumer Ed:
We recently ordered $800 worth of merchandise from an online store that we have purchased from in the past. A few days after placing the order, the company sent me an email stating that in order to complete the transaction, we had to email them photocopies of both front and back of the credit card used and a government-issued ID, and if we didn't they would cancel our order. I called VISA, and they told me that the only companies allowed to request that additional information are hotels, airlines, car rental companies and cruise lines. I did not send the company the information they requested, so they refused to send me my order. Can they do that?
Consumer Ed says:
Many states have laws that dictate what kind of information merchants can and cannot ask for when a consumer pays with a credit card. However, all merchants are subject to the rules and regulations outlined in their contract with the credit card company. For example, your card company, VISA, has International Operating Regulations that state merchants cannot require a cardholder to provide any supplementary information as a condition for honoring a VISA Card, subject to some exceptions. Supplementary cardholder information can include social security numbers, fingerprints, home or business addresses or telephone numbers, driver’s license numbers, photocopies of driver’s licenses, photocopies of the VISA Card, and other credit cards. As you stated, hotels, airlines, car rental companies, and cruise lines do fall within the exception to the rule.
So, while a merchant may ask a consumer for identification, he generally may not deny a VISA credit card transaction because the consumer refuses to show identification. Generally, a signed credit card is all you should need to present in order to avoid showing identification. Be aware that identification may be required for other purposes, such as purchasing alcohol, tobacco products, or certain medications.
Paying online or by phone can sometimes create an exception for the merchant, and they may ask for some identifying information, such as a zip code. This varies a bit by credit card company: MasterCard’s rule for merchants regarding supplemental identification is similar to VISA’s; American Express doesn't ban merchants from requiring customer identification, though it discourages the practice; Discover’s policy allows merchants to request identification if desired. You should always contact your credit card company and ask about its policy regarding supplemental identification. Often, you will find that many merchants ignore or are unaware of this identification rule. If you’re shopping in a store rather than online, and you don’t want to show identification, simply sign your card and refuse to provide ID if asked. If you feel strongly about not showing identification, you may wish to print out a copy of the relevant merchant rule and ask to speak to a store manager.
In your particular case, you can email the merchant a copy of Visa’s International Operation Regulations. If the merchant still demands to see your identification, and then refuses you service if you fail to comply, you should contact your credit card company to open an incident report. This will initiate an investigation, which can result in a warning or even a fine to the business for violating their merchant contract.
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Dear Consumer Ed:
My husband and I purchased a latex mattress largely based on the recommendation of the store manager. I had never heard of the brand, but the next morning I read some very disturbing reviews about the mattress breaking down in six months. I called the store manager that same day and told him we wanted to cancel the order. Even though the mattress had not even left the warehouse yet, the manager flat out said, “No. All sales are final.” My husband and I did not notice that policy written on the sales order or on the charge slip. Do you think a credit card chargeback would go through on something like this?
Consumer Ed says:
If you can provide documentation that the retailer was deceptive in some manner about the mattresses or that the retailer failed to honor its own explicit return policies, you may be able to successfully waive the charge through a credit card chargeback. Unfortunately, in the circumstances you describe, you may not have a valid claim against the retailer, especially if its no-return policies were written on the sales order/charge slip. In any case, you should check with your credit card provider to see what is needed to support a claim and request for chargeback.
When a retail sale is made at the retailer’s regular place of business, Georgia law does not require the retailer to provide a refund or accept returns or exchanges. A business may set its own return policy and may offer consumers cash, in-store credit, exchanges or no adjustment at all. While businesses are not required to post their policies, they must honor any posted refund or return policy. Except in very limited circumstances, the law generally does not guarantee you the right to a refund or a three-day cancellation.
Prior to making any major purchases, you should ask questions, compare prices, and read ads, product reviews and the manufacturer’s warranty. Whenever you purchase big-ticket items (especially things like mattresses), you should always get everything in writing, including all warranties, promises and return policies. Always keep copies of contracts, receipts and warranties. A manufacturer’s warranty may provide you with recourse if the mattress turns out to be defective.
Finally, if the retailer misrepresented the quality of the mattress, or stated that the mattress was new when in fact it was actually used (or made with used materials), the retailer may be in violation of the Fair Business Practices Act. In these circumstances, you can file a complaint with the Governor’s Office of Consumer Protection by calling 404-651-8600 or visiting www.consumer.ga.gov.
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Dear Consumer Ed:
A couple days (67 hours, to be exact) after making a hotel reservation I had to cancel it due to a work conflict. Is the hotel allowed to charge me even though I cancelled within 72 hours?
Consumer Ed says:
There is no universal “three day” (72 hour) right to cancel; this right actually exists for only a limited number of consumer transactions. For the most part, the three-day right to cancel applies only to credit or cash transactions of $25 or more that were initiated through face-to-face contact (such as door-to-door sales) away from the seller's regular place of business and that resulted in a written agreement. Hotel reservations, particularly those made by mail, over the phone, or at the hotel itself, are not generally subject to the three-day right to cancel rule.
While hotels are allowed to set their own cancellation and refund policies, they must honor those stated policies. Establishments that fail to honor cancellations made within the scope of their policies can be found to be in violation of laws prohibiting unfair or deceptive acts and practices (in Georgia, the Fair Business Practices Act). However, if you made your hotel reservation using a credit card, you may have additional protections. Visa, for example, requires hotels to explain their cancellation policy to cardholders, and to allow cardholders to cancel their reservation by 6 p.m. on the day of the reservation if the reservation was made within 72 hours of the scheduled arrival date. If you made your reservation with a credit card, contact your card provider to see if its dispute or cancellation policies offer you any additional protections.
The most important way to protect yourself is to inquire into the hotel’s cancellation policies prior to making a reservation, and to ask for those policies in writing. If you believe that the hotel did not adequately disclose the terms and conditions of its cancellation policies, or if the hotel did not honor its stated policies, you can file a complaint with the Governor’s Office of Consumer Protection at www.consumer.ga.gov, or by calling 800-869-1123. You can also contact the FTC by visiting ftc.gov or calling 1-877-FTC-HELP (1-877-382-4357).
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