Three consumers from California, Massachusetts, and Rhode Island just filed a lawsuit against J. Crew, the preppy fashion retailer, for alleged privacy violations the company engaged in while they were trying to make purchases using their credit cards.
In particular, when checking out, the cashier is said to have asked each of them for their email address or phone number so they can be provided with a receipt. They explained that the company no longer gives out printed paper sales receipts. If the consumer refuses, shoppers are allegedly told they would have to speak to a manager because there was no way to give then a receipt in the store. [Apparently in some cases, there was actually a hidden receipt printer available.]
The problem with J. Crew’s policy is that each of these states has a specific consumer privacy protection statute that prevents merchants from requesting personal identification information from credit card customers as a perceived condition to processing credit card transactions.
*MOUSE PRINT:
For example, in Massachusetts the law provides:
No person, firm, partnership, corporation or other business entity that accepts a credit card for a business transaction shall write, cause to be written or require that a credit card holder write personal identification information, not required by the credit card issuer, on the credit card transaction form.
Obviously, this law was written when credit card transaction forms were common. Today, transactions are recorded electronically through the cash register and PIN pad.
The consumers further allege that the requirement of giving an email or phone number was a pretext to send them advertising and to collect and use their information in databases. In fact, one of the plaintiffs said she was sent almost daily emails from J. Crew after her purchase amounting to some 238 advertisements in just a six month period.
The lawyers representing the consumers allege violations of state purchase privacy laws. Oddly, the complaints do not allege violations of state unfair or deceptive acts and practices regulations.
So what do you think? Should retailers be allowed to require that you provide personal information in order to get a receipt? Do you feel this is a privacy invasion?








