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Old 06-01-2015, 12:11 PM   #1
Smartcar
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So everyone uses chip and pin now, but every once in a while the pin doesn't work and you have to swipe the card. But there was a situation a couple of months ago where the card wouldn't swipe either. So the server asked for ID and the guy produced a drivers licence. The photo matched and the name on the credit card also matched, so she punched in the numbers manually, took a rubbing of the credit card using a pencil and wrote down the DL number. The charge went through, he signed it and left a very generous tip.

A month later he contests the charges through his bank, and it turns out that because we didn't write it up on a manual sales slip with an imprint using the bank's imprinter (we haven't used it for years, I have no idea where it is now), they reversed the charges and I have no recourse. I thought maybe he knew that and deliberately messed up his card to take advantage. His card wasn't reported stolen, he just contested the charge. I was sure this was fraud and called the police, but they said it's a civil matter and not fraud. Although they did check the DL and said it's valid and hasn't been reported lost. So I have to sue him, which is probably more trouble that it's worth for $190. But he's probably doing this all aver town so I'd like to. But I only have his name and DL number, no address because the server didn't write it down.

The registries say they can't provide that info, it's protected personal information. Does anyone know of an inexpensive and legal way to get an address from a DL number?
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Old 06-01-2015, 12:34 PM   #2
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^ i would hope that it would be difficult to get this information from the government.

can you use a combination of online phone directories and possibly social media to obtain his address?
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Old 06-01-2015, 12:52 PM   #3
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Make a fake facebook account, use a picture of an attractive gal and cat fish him you will get info in no time.
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Old 06-01-2015, 01:11 PM   #4
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I don't think that there's much to do at all.

The guy is a dirt bag, I would hope that someone else will refuse to take his credit card or has the manual imprinter going forward.

Did you call your bank? They can maybe give you some feedback.
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Old 06-01-2015, 01:11 PM   #5
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I don't think that there's much to do at all.

The guy is a dirt bag, I would hope that someone else will refuse to take his credit card or has the manual imprinter going forward.

Did you call your bank? They can maybe give you some feedback.
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Old 06-01-2015, 01:25 PM   #6
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Is giving the credit card company a complaint possibly worthwhile?
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Old 06-01-2015, 01:26 PM   #7
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I'm pretty sure you were in violation of the Privacy Act by taking down his driver's licence # and the registries are correct, that is private information. Sorry, but I don't think you have much recourse.
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Old 06-01-2015, 01:28 PM   #8
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Is giving the credit card company a complaint possibly worthwhile?

Probably not because they denied it from the sounds of it because it wasn't on a proper imprint. So the CC company in a way is right to deny it because it goes against their rules of usage.

This guy was either saavy enough to know that and run the con (which I believe he did because of the generous tip). Or he got luck.

All the business can really do at this point is refuse to serve him in the future.
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Old 06-01-2015, 02:15 PM   #9
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Originally Posted by Smartcar View Post
The photo matched and the name on the credit card also matched, so she punched in the numbers manually, took a rubbing of the credit card using a pencil and wrote down the DL number. The charge went through, he signed it and left a very generous tip.
Is this something you normally do or did the guy suggest it?
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Old 06-01-2015, 02:16 PM   #10
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I'm pretty sure you were in violation of the Privacy Act by taking down his driver's licence # and the registries are correct, that is private information.
I doubt this considering the guy willingly showed them his drivers' licence.
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Old 06-01-2015, 02:21 PM   #11
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Here's my advice:

1) stop taking down driver's license numbers. Doing so is contrary to the federal and provincial privacy acts.
2) learn how to do the manual sales slip with an imprint machine, or make the group find another way to pay if the card won't swipe.

Unfortunately, it is likely you will have to eat the loss in this situation.
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Old 06-01-2015, 02:31 PM   #12
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I doubt this considering the guy willingly showed them his drivers' licence.
Just because I show a retailer my driver's licence to confirm my ID, it does not give them the right to jot down the licence number.
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Old 06-01-2015, 02:46 PM   #13
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Just because I show a retailer my driver's licence to confirm my ID, it does not give them the right to jot down the licence number.
I imagine it's the same as going to a bar where they scan IDs at the door. If you don't want them having your information the onus is on you not to share it.
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Old 06-01-2015, 02:47 PM   #14
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A lot of business have done the manual credit card transaction with no problem before. Companies that take orders over the phone and so on. The company that I worked for, we usually just enter the card information manually on the debit/credit machine in front of the customer or yes we did the old style credit transaction with no problem. Companies are allowed to check the Driver's License for ID purposes and it is okay to take the DL # only. Unfortunately even with your company have the DL # info, you won't be able to go any registries or even cops to get the person's information. The person is protected under Privacy Act and also to deter scammers to get all info needed. Companies are not even allowed to keep the credit card informations for customers anymore on their computer or databases.
I am not sure if there's anything you can do. Yes you can sue him on small claims but darn make sure you have the copy of the imprint credit card slip that he signed for proof. Only problem is, if his intention to screw your company all along in the first place he probably did not sign the credit card imprint properly. This person is probably a scammer and he probably he/she knew your credit card machine is not working from the beginning. I'll say call the debit/credit card machine company and complain that you lost some money because their stupid machine keeps breaking down and demand to get compensations. Not sure if they'll go for it but there is no harm in trying.

Good luck! Too bad you don't have a CCTV that recorded this person's face and the transaction itself.
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Old 06-01-2015, 02:57 PM   #15
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Are you going to ask the waitress for the tip back?
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Old 06-01-2015, 03:04 PM   #16
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Quote:
Originally Posted by Smartcar View Post
...

the guy produced a drivers licence. The photo matched and the name on the credit card also matched, so she punched in the numbers manually, took a rubbing of the credit card using a pencil and wrote down the DL number . The charge went through, he signed it and left a very generous tip.

A month later he contests the charges through his bank, and it turns out that because we didn't write it up on a manual sales slip with an imprint using the bank's imprinter (we haven't used it for years, I have no idea where it is now), they reversed the charges and I have no recourse.

...
Umm... was this pencil rubbing method ever legitimate when using CC imprints was the norm?

You probably shouldn't do this method going forward. Find that imprinter or refuse card next time if it won't go through?

I think the guy got lucky as I have never heard of using a pencil rubbing for a CC payment, but you guys were being silly too and got unlucky running into a dick who contested the charge. I've paid many times via bank imprinter with some businesses, no issues with it. I doubt I'd be able to challenge the charges via imprint if I wanted to scam them.


I think you guys screwed up (but I might be wrong). I personally hope you have an option to collect, but I think you're screwed IMO.

Last edited by DoubleF; 06-01-2015 at 03:08 PM.
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Old 06-01-2015, 03:05 PM   #17
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Quote:
Originally Posted by Canehdianman View Post
Here's my advice:

1) stop taking down driver's license numbers. Doing so is contrary to the federal and provincial privacy acts.
2) learn how to do the manual sales slip with an imprint machine, or make the group find another way to pay if the card won't swipe.

Unfortunately, it is likely you will have to eat the loss in this situation.
They sort of say it maybe goes too far to record license numbers.
They say it is perfectly fine to verify the name and write down the address from the license - which might have been just the thing to do in this case, given the circumstances.

I hate it when good acts/intentions result in bad outcomes, which I'm afraid is what happened here.
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Old 06-01-2015, 03:11 PM   #18
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Are you going to ask the waitress for the tip back?
If he does, I am sure someones facebook server friend will make a long detailed wall post about it
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Old 06-01-2015, 03:19 PM   #19
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Umm... was this pencil rubbing method ever legitimate when using CC imprints was the norm?
When I worked retail, back in the days before chip and pin, our standard procedure was to take an imprint of the card on the signed receipt. It was more common to come across cards that wouldn't swipe back then but we never had an issue. That was about ten years ago so things may have changed.
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Old 06-01-2015, 03:25 PM   #20
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Swallow the 190$ loss, you can make that back easy. Learn from the lesson, get the credit card backup working, notify everyone you know in the industry of the issue.
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