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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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Is it legal for a Merchant to scan my drivers license, w/o

Resolved Question:

Is it legal for a Merchant to scan my driver's license, w/o my permission, just to have my ID for return of a product? I was not given a copy of their privacy act. I was only asked for my license. I thought it was to ck ID. She immediately scanned it into the corporate office computer. When I questioned it she said, The company requires this to keep a record of who is returning too much products and to refuse them at a certain point.
Submitted: 3 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

There's no law that prohibits a company from requesting identification from people who return items and keeping track for their records. They do this to help prevent return fraud, which is becoming more and more common. Requiring a driver's license (and keeping a record) is one of the least intrusive ways to protect the company's interest.
Customer: replied 3 years ago.
Relist: Incomplete answer.
"Requiring a driver's license (and keeping a record)" is not the same as scanning the complete information, which belongs to the DMV & the client who has chosen to drive, who have entered a contract by the signature and acceptance of the written requirements. Because a company arbitrarily chooses to scan a drivers license does not make it legal. I provided a receipt, the product was still in it's original package, unused.
I find the quality of your expert lacking.
Expert:  JB Umphrey replied 3 years ago.
I am sorry that you are disappointed with the answer of your first expert. The information that she supplied, however, is correct.

One's driver's license is not "private" information in the legal sense.

The merchant's actions, as you have described them, are legal.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and the answers to be ACCEPTable!
Customer: replied 3 years ago.
I find this very unbelievable. Please quote the legal information and where it is listed that says a third party can use the information recorded in your driving record any way they wish to w/o your permission. I have not broken any laws, I am not a negligent driver. My driving record, which they now have, has not been provided by the state for this purpose. Merchants used to ask for our Social Security card as ID. I challenged that. It is now recognized as illegal. Is that the problem now? Do people not have the sense to realize this is an invasion of privacy?
I respectfully XXXXX XXXXX the legal precedent.
Thank you


Expert:  JB Umphrey replied 3 years ago.
The reality is that you provided them with your driver license so that you could return an item. At the end of the day, if you did not want to give them your driver license then you would not be able to return the item. You could have decided to not give them your license. Ultimately, that was your choice.

The reality is that there is a federal law in place that restricts the usage of social security numbers. There is not a similar law in place restricting the usage of driver license information.

It's simply not possible for the experts to direct your attention to a law that does not exist (e.g., a law that says a driver license cannot be used in the fashion you've described).
Customer: replied 3 years ago.
So you are saying, that while a Medical facility must present you with their rules for how they use your private information, a merchant does not have that legal requirement? Furthermore the merchant can even refuse to refund money for a purchase (that may or may not be defective) if you balk at their practices?
Expert:  JB Umphrey replied 3 years ago.
Under current laws? Yes, your understanding is accurate.

There is a federal law that regulates a patient's medical information. There is not a federal or state law that provides similar protections for driver license information.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
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Customer: replied 3 years ago.
I do accept your answer.<br />I am very disappointed at the large hole in the system. I readily gave my driver's license as a proof of ID. I would not have, had I known it was to be scanned. Usually it is just viewed and returned. I was not asked or given any option as to whether I would willing give this information in exchange for the privilege of returning their product. I definately would have denied the scanning. I would have just gifted the returns.<br />Thank you,<br />Sincerely,<br />
Expert:  JB Umphrey replied 3 years ago.
You are most welcome.

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JB Umphrey
JB Umphrey
Lawyer
20232 Satisfied Customers
Explains legal matters based on 14+ years experience.