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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Is it legal to copy a drivers license to prove who someone

Resolved Question:

Is it legal to copy a drivers license to prove who someone is, for proof it is them, for using a visa or master card in the state of Michigan. Small businesses do not have the opportunity to raise interest rates and re-coop monies like visa or mc or raise prices on items due to fraud like big stores can. Restaurants, estate sales, hair salons can not re-coop those monies.

The credit card companies do not demand it, they may allow it, but if you are a small business it helps protect you and clients and buyers from fraud, so why do some people think it is not ok, if they do not want to they can pay cash. Is there anywhere in Mi to know.

State of Washington and other states allow it as long as you do not use a scanner for secret information and only copy on a printer. Please advise thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, I have not been able to find anything in state law that forbids this practice. Provided the parties consent to having their information listed and the store or vendor agrees to protect that information from third parties, such conditions are permitted. Just please be aware that if a vendor collects such data, and then they somehow lose that data or that data ends up being hacked or otherwise provided to unauthorized individuals, the vendor becomes liable for injuries such as identity theft. So while there is nothing inherently illegal with this practice, it may become risky for vendors if such data is lost or misplaced. Credit card companies do leave such authorization for the sellers themselves as they simply facilitate the transaction for the most part, they still do not always provide coverage or liability for theft or fraudulent transactions based on the individual seller agreement.

Good luck.

Customer: replied 1 year ago.

I did, but you did not state if this applies to all states in the US or where I might this type information under what area of the law

In the state of Michigan. I sent a response but never heard anything until now.

The answer was still somewhat vague, we passed our online PCI questions.

We simply need to know for sure somewhere that we can quote law so people understand we are trying to protect them and us from

People using other people’s credit cards.

And that Credit card companies are a service, not law makers and they do not dictate what you can see or copy.

Judy

Expert:  Dimitry K., Esq. replied 1 year ago.

Judy,

The answer I provided to you was based on your state's law. Each state has a different take on this process, for example California considered it to be data mining and an invasion of privacy where the seller could not keep or request additional information from the buyer. This is still a choice of law that is not settled but is still being litigated. But unfortunately there is no 'law' that governs this, your state does not have case law on this, and there is no statutory authority in place that forbids this practice, which by consequence makes it permitted.

My apologies but I did not receive an additional response, I only received your initial post and this reply, and nothing further.

Credit card providers are a service, absolutely, but they can contractually put forth conditions that you as a provider or user of the card must abide by. So long as those conditions do not violate state or federal law, it is a valid condition. Consequently if they refuse to perform a certain action that they are otherwise not contractually bound to perform, they are within their right to do so. And similarly if they forbid a certain action to you as they would consider it a breach of contract, you are likewise bound by such a condition.

Good luck.

Customer: replied 1 year ago.

Thank you for your clarification of the original question and answer, I appreciate it. Sincerely, Judy

Expert:  Dimitry K., Esq. replied 1 year ago.

Judy,

I am glad to have helped. If you found my information to be useful, please do not forget to positively rate my answers to you so that I may obtain credit for my work. Thank you!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37082
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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