Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Business & Financial Services Committee

HB 1212

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Prohibits a retailer from copying or recording a customer's personal information during a transaction for the purchase or return of goods or services, except in certain circumstances.

Background:

Under some agreements between credit card companies and retailers, the retailer may not make a customer's presentation of his or her identification a condition of acceptance for purchase. Under Washington law provisions of an agreement that prohibit the retailer from verifying the identity of a customer who offers to pay for goods or services with a credit card are void for violation of public policy. Retailers, however, are not compelled to verify identification, and owners and managers may make and enforce their own policies regarding verification of identification.

Several states have enacted legislation that makes it unlawful for a merchant or retailer to write or copy a cardholder's personal identification information, such as an address or phone number, on a sales receipt in the course of a transaction to purchase goods or services.

Summary of Bill:

An owner or manager of a retail store may make and enforce policies regarding verification of identification of customers, except that an owner, manager, or employee may not copy or record a customer's personal information contained in a photo or other identification unless:

the information is required to complete the transaction;
state or federal law requires the retail store or chain to obtain a consumer's personal information when completing a sale; or
a consumer's personal information is necessary for prevention of fraud, theft, or identity theft.