Who knows credit card laws?

Moses144

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I live in PA.

This experience is worse than the time I was at a place I frequented for a whole year, weekly, and payed with a credit card almost every time. Once, I payed, accidentally dropped my card, came back ten minutes later, and they wouldn't let me take it back without ID. The person who blocked me was the same waitress I'd had for months. *Shudders*

Okay, big story ahead. I ventured to Red Robin, a chain restaurant famous for their multitude of burgers and bottomless fries. I was with a friend. We are both young males, and not that anyone should care, we are both white nerds. We came, ordered two waters, and two $9.99 entrees, both of which were delicious. Service was fine, prompt, no chatting essentially (arguably for better or worse). When the bill came, my friend handed me 11 dollars. You must see, he's a nice man, but a horrid tipper. I think he thought it was off of $10 precisely, which would then be a 10% tip, but instead it was a 40 cent tip off of $10.59. He shrugged and said he'll give me 60 cents in the car. I don't feel like I can tell a man what to tip, if he wishes to tip poorly, that's him. The best I feel one can do is go with like-minded tippers.

Okay, that was the set up of this situation. I myself had precisely 11 dollars in dollars, and more than one dollar in change. I had the 22 in my hand, and as I was going to essentially give her all my change, and would count it first to make sure it was decent; alas, the waitress came and asked if I wanted change. I really didn't want to count change in front of her, and said, **** it, mentally of course. I just gave her my credit card at this point. Here's the essential part, it's my mother's credit card (which I use, all the time, as it's essentially mine in practice). That's not the issue, and I don't need a rant on getting my own card.

About five minutes later, the waitress and a manager came over. Because I clearly wasn't a woman, the waitress asked me for ID, which I didn't have. So, in a thought process I've had, I pretended to look for my ID, so as to let her know I'm me, but don't have ID. Then I immediately looked to my friend to see if he had his card (which he didn't, although it is his card and he does have ID). So we offered to just pay the cash. This is when it got hairy.

"Do you have a number to call your mother?"

Horrid coincidence, this. My mother had been bombing my phone about half an hour before, and I'm quite old enough (21) to not have to go out of my way to let her know where I am. See, I'd picked up the phone, and her end was garbage, static, so I took out the battery in my phone to give it a rest, since it was so low. Thus, when I tried to call my mother, it kept freezing up, then my sim card wasn't active. Jesus. So I just wanted to end it, and persisted in just paying with another method.

To paraphrase them in my own words, "Actually, we'll have to keep your credit card. Regardless of if we call your mother or not. She'll have to pick it up." At this point, the waitress right next to the manager said, "Oh, that will be good." As if I'd been a trouble maker so far ... but still, Red Robin is at least 20 minutes from my house. That'd be 40 minutes of driving plus the hassle of picking up the card from them, all because I wanted to tip better then 10%.

We had polite questioning argument with the sir, a sort of laughing absurdity that they would do this to us. I hadn't given them any indication I wasn't Joe C., the card didn't come up declined or stolen, and we weren't looking for trouble. I understand this may or may not be corporate policy, or at the least, an extremely conservative method to do what's best from the manager. One thing he said was, "But it's not your credit card." Our response was, "But it's not yours either." When we asked if he could legally do this, he pretty much backed off.

After that, the GM I assume came over, to the same legal question said, "I think we can." It ended such that I let her call a number on their phone, my mother did answer, and that was that. Luckily, I got my card back right then. My friend then gave them the money, which I later learned he had given them $22. I would normally feel bad about that, but the hassle they gave us was far worse than any service the waitress provided.



Now what I'd like to know is how legal it would have been to take the card. Imagine if you will, a small shady shop did the same thing, and wouldn't let you have your card even with after you confirmed with someone else. That's an extreme, but similar. I can totally understand not allowing a credit card to go through because I'm not such and such, but COME ON. Could anyone shed some light?

PS - no lectures on my credit card habits, please. I know I need to at least get ID.


"tl;dr - waitress took my mum's CC cause I didn't have ID, wouldn't return it without badgering; is this cool with the police?"
 
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So I take it you don't drive? No drivers liscence? Anyway. Only the person whose name appears on the card is allowed to use it. There is no such thing as an authorized user anymore as the credit card companies just issue another card to any other users. And yes they could keep it as they suspected it to be stolen (since you stated you are not female).

Get an ID.
Get your own CC.
You won't have this problem again.
 
Ziv is right.

I'm interested in whether or not they can deny returning the card though. It wasn't yours, but it also isn't their place to hold it.
Also: try hitting up the Consumerist. They might be down with posting your story, which will, if nothing else, embarass the f_ck out of that Red Robin. They might also know about the legality.
 
All I know is that when I was working retail we weren't taking anyone's credit card if the name differed from their ID. Period. We would hold all of your items for you, we'd put a hold on the transaction, we would even give you a few days to get everything in order and come back if need be. However, if your name wasn't on the card we weren't running it through the machine. And it wasn't just company policy (which it was, of course) but also that of Visa, MC, Am Ex, and Discover (at least according to our material from them, at least).

Certainly pissed off a few customers, to say the least, but unless the actual card owner came in and showed ID it was a no-go.
 
That's pretty surprising, Kapwanil. I don't think most places really give a shit, at all.

I haven't even signed my card (and my "signatures" on receipts are literally nothing but random ink on the paper that change with every receipt), and I've only ever been asked for ID at one place because some asshole fucked them over by claiming he never purchased from them.
 
I go to home depot and sweet bay down here with my bosses credit card all the time. I have only been questioned one time. Luckily the card has our shelters name on it and I was wearing a shirt that had our shelters name on it so the lady didn't care.
 
[quote name='Moses144']You must see, he's a nice man, but a horrid tipper.[/QUOTE]

This is me; I am not a bad tipper. Just had a feeling about these folks, bad service, bad people. Not gonna get a tip outta me for handing me my food and pouring me some water and looking goofy - not one bit. Also the hostess' head was XS, ridiculous.

They handled the situation poorly, unprofessionally, and they had no certainty in their tone while making their claims.

I'm curious as to what the best action on our parts would've been.
 
The ONLY place in my 2 years of having a CC that carded me aside from Red Robin was Gamestop, and I think it's a new policy to be really strict about it. Anyone interested in signatures + credit cards, read this please:

http://www.zug.com/pranks/credit/

Read it through for the LULZ.
 
I've only been asked for ID a couple of times, and i haven't signed my cards either.

Actually scares me to be honest, i wish places would ask for ID more often. It isn't that big of a deal, and if it stops some asshole from using my stolen card, then all the better.
 
They may not have the legal authority to keep it, but what they could do is call the police and give the card to them when they arrived. The police would probably question you, contact your mother, and if she says you're authorized by her to use the card they'd more than likely give it back to you right there.
 
Actually kudos to the restaurant for taking credit card fraud so seriously. A lot of places wouldn't even care.

Trust me, when (not if) you are on the other side, you'll appreciate it more that vendors are more vigilant about this sort of stuff.
 
When I worked retail (Wal-Mart & Kohl's) we were only authorized to keep the card if it came back denied because it was stolen. Other than that, we would just hand the card back and tell them sorry..
 
i work a 2nd job as asst mgr at a small, local retailer. we require ID for all credit card purchases and don't accept checks due to so many fraudulent claims in the past. if the name on the card is not the name on the ID, we will call the police except in a situation where it is clearly obvious that the person attempting to use the card is related to the cardholder. and by clearly obvious, i mean their ID shows their last name, etc to be the same as the cardholder. What Red Robbin did was legal in NY and i would assume it to also be in PA. don't take it out on them that you were trying to use a credit card that was not yours and you did not have ID. look at it from their side. 21 year old guy with "no ID" using a woman's credit card to pay for dinner for him and a buddy = stolen card.

we had a situation a few years ago where a 18 year old guy came in with his father's credit card. the family were regular customers at our store. since the family was known to all of us, we accepted it as payment for a new pair of skis, boots and full ski suit with accessories for a total of around $2500, which isn't uncommon with that family, they buy all new gear every year (the dad is a doctor). We called the kid's house to verify that he was allowed to use the card. Mom said yes. what we didn't know was that the parents were going through a separation. how would we know that? well, needless to say the father got the bill, flipped the fuck out and called the credit card company to say he never authorized said charges and we were required to produce the signed slip, which clearly did not have the father's signature. In the end, we had a chargeback and were out the $2500. tough lesson there. it was our fault since we took a credit card that we knew did not belong to the person trying to buy the equipment.
 
Hypothetically speaking, let's say someone wanted to buy my bike using a credit card- they hand me the credit card, I ask for ID, they don't have ID, so I can keep their card?

If I went to a convenient store run by a shady fellow, and tried to buy some hotdogs using my card- he asked for ID, but I didn't have it, he can keep my card?

What authority or entitlement does Red Robin have to seize a card?
Can anyone seize a credit card?

I really don't see how it's Red Robin's responsibility/place to serve as credit-card police.
 
[quote name='marie']Hypothetically speaking, let's say someone wanted to buy my bike using a credit card- they hand me the credit card, I ask for ID, they don't have ID, so I can keep their card?

If I went to a convenient store run by a shady fellow, and tried to buy some hotdogs using my card- he asked for ID, but I didn't have it, he can keep my card?

What authority or entitlement does Red Robin have to seize a card?
Can anyone seize a credit card?

I really don't see how it's Red Robin's responsibility/place to serve as credit-card police.[/QUOTE]

Red Robin should have just called the cops.
 
[quote name='Ziv']So I take it you don't drive? No drivers liscence? Anyway. Only the person whose name appears on the card is allowed to use it. There is no such thing as an authorized user anymore as the credit card companies just issue another card to any other users. And yes they could keep it as they suspected it to be stolen (since you stated you are not female).

Get an ID.
Get your own CC.
You won't have this problem again.[/QUOTE]


Best advice.

I am a retail manager and we can't accept a card from a person if they aren't the named card holder. This is to protect the cardholder as well as ourselves. If we start taking cards without the named cardholder being there we open ourselves up to liability via chargebacks (named cardholder says they didn't make the purchase). We can't even take credit card orders over the phone anymore because of this.

You should ALWAYS have ID on you. If you are an adult there is no good reason not to and not just because of credit card purchases. You never know when you might need to prove who you are.

As a side note on credit cards...

Ever been to a place where they say "minimum purchase" of a certain dollar amount for credit card purchases? Well businesses ARE NOT allowed to do that. You can actually report businesses that do that. A business that accepts credit cards is supposed to take any transaction no matter how small.
 
Most places seem to be willing to take debit cards so long as you know the pin. I know a few christmases back my mother gave me her debit card to pick up some gifts for family from circuit city during black friday. They didn't want to take the card at first because i had stupidily told them it wasn't mine, but since i knew the pin they let me. If i had kept my mouth shut about it not being mine, they probably wouldn't have even noticed.
 
[quote name='GuilewasNK']As a side note on credit cards...

Ever been to a place where they say "minimum purchase" of a certain dollar amount for credit card purchases? Well businesses ARE NOT allowed to do that. You can actually report businesses that do that. A business that accepts credit cards is supposed to take any transaction no matter how small.[/QUOTE]

What? They have the right to turn down your business; if they don't want to get fucked by transaction fees, then that's their prerogative.
 
[quote name='Liquid 2']What? They have the right to turn down your business; if they don't want to get fucked by transaction fees, then that's their prerogative.[/QUOTE]

I know what I am talking about.

They don't have the right or prerogative to turn down business based on purchase price.

If you go to a store that requires a $10 minimum purchase they are in violation of merchant agreements and they can lose their ability to accept credit cards. They cannot do this. It isn't opinion, its fact.

4) Merchants Cannot Require A Minimum Transaction Amount
It's a violation of the credit card company's merchant agreement to refuse a transaction because it is below the "minumum."
VISA says:
Imposing minimum or maximum purchase amounts in order to accept a Visa card transaction is a violation of the Visa rules.
Mastercard says:
A Merchant must not require, or indicate that it requires, a minimum or maximum Transaction amount to accept a valid and properly presented Card

http://consumerist.com/tag/credit-c...ngs-you-might-not-know-about-your-credit-card
 
[quote name='Liquid 2']What? They have the right to turn down your business; if they don't want to get fucked by transaction fees, then that's their prerogative.[/QUOTE]It violates the agreement between the credit card company and the business in most cases.
 
On Wednesday I received a call from my credit card company that someone swiped my card at a place that sells children's clothes, even though I am in possession of my card, and tried to charge $600 worth of crap to it. A suspected fraud alert came up on the cashier's screen and it said to call the credit card company and put the person on the phone that was trying to make the transaction so they can verify that its me. They left the store before the cashier could call.

This has nothing to do with what you are asking, but I'm glad to see the restaurant taking those precautions. You have to look at it as someone has your credit card and are trying to charge to it. Wouldn't you be extremely glad that the restaurant took those measures? Grow up, carry ID or get your own credit card.
 
Look at it from Red Robin's POV...

A man comes into their restaurant, eats, and tries to pay with a credit card that has a woman's name on it. A woman is probably not even at the table.

Of course they're going to ask for ID!

Now, the man can't produce ID. No name or anything to write down.

At that point of time, Red Robin could have called the police and made this situation much, MUCH more worse than he expected it to be. They handled it weakly honestly. Of course they can't keep the card...but they could have went "sir, you are trying to commit fraud and we're going to call the police to let you sort this out with them"

Then what? You would have been writing a thread about how you had to explain to the police how you're a grown ass man with no ID using someone else's CC. Not even one of those walker IDs that you can get from the DMV!

Just be happy they only called your mama at your request to verify...even though that wouldn't have done anything neither.
 
[quote name='Liquid 2']That's pretty surprising, Kapwanil. I don't think most places really give a shit, at all.[/QUOTE]

Yeah, that's the problem. Aside from trying to use cards from other people, the other major incidents usually involved asking to see ID for every single card that was either unsigned or had SEE ID written on it. If it was unsigned it was simply to verify their signature compared to their Driver's License. SEE ID obviously required seeing such since it in no way constitutes a signature. ;)

That also had the tendency to either delight or infuriate customers. I understood both positions, but the ones who became irate because they wrote SEE ID and then didn't want to show any ID...that was a tad confusing.

Like Chika said, it's mostly to cover both the store in case of a fraudulent charge or the consumer in case their card was stolen.
 
What's with all the hassle? I politely asked for no lectures, no troubles on my ID situation. I understand it, I'm rectifying it, please stop commenting on it.
 
[quote name='tcrash247']We bring it up because all you're doing is causing yourself problems. We're trying to help you avoid situations like this.[/QUOTE]

this. also, you made this thread because you didn't understand why they did what they did, which made you look like an idiot, then you complain about people telling you that you caused the problem yourself.
 
[quote name='Chika']i work a 2nd job as asst mgr at a small, local retailer. we require ID for all credit card purchases and don't accept checks due to so many fraudulent claims in the past. if the name on the card is not the name on the ID, we will call the police except in a situation where it is clearly obvious that the person attempting to use the card is related to the cardholder. and by clearly obvious, i mean their ID shows their last name, etc to be the same as the cardholder. What Red Robbin did was legal in NY and i would assume it to also be in PA. don't take it out on them that you were trying to use a credit card that was not yours and you did not have ID. look at it from their side. 21 year old guy with "no ID" using a woman's credit card to pay for dinner for him and a buddy = stolen card.

we had a situation a few years ago where a 18 year old guy came in with his father's credit card. the family were regular customers at our store. since the family was known to all of us, we accepted it as payment for a new pair of skis, boots and full ski suit with accessories for a total of around $2500, which isn't uncommon with that family, they buy all new gear every year (the dad is a doctor). We called the kid's house to verify that he was allowed to use the card. Mom said yes. what we didn't know was that the parents were going through a separation. how would we know that? well, needless to say the father got the bill, flipped the fuck out and called the credit card company to say he never authorized said charges and we were required to produce the signed slip, which clearly did not have the father's signature. In the end, we had a chargeback and were out the $2500. tough lesson there. it was our fault since we took a credit card that we knew did not belong to the person trying to buy the equipment.[/QUOTE]

I understand they could have called the police (not that ANYONE, in its prime dinner hours, exactly would wish for police either in or outside their restaurant), and I do understand why they would be inclined to do so. My situation was shady. I'm not necessarily disagreeing with what they did, except for how they were going to do it: they were going to just keep my card. Keep it until the proper person gets it, true, but I don't know if it was RR's place to keep the card.
 
[quote name='Chika']this. also, you made this thread because you didn't understand why they did what they did, which made you look like an idiot, then you complain about people telling you that you caused the problem yourself.[/QUOTE]

I don't wish to be antagonistic. The reason I made the thread was to find out the legality of them holding my card, as I've said. And the reason I "complained" is because I stated twice in the OP to please lay off that issue.
 
Just have your mom call her card company to request you're added as an authorized user. You'll get a card in your name and everything will be great.
 
[quote name='Moses144']I don't wish to be antagonistic. The reason I made the thread was to find out the legality of them holding my card, as I've said. And the reason I "complained" is because I stated twice in the OP to please lay off that issue.[/QUOTE]

In the future, to avoid getting the inevitable hassle that happens when you fully explain the situation, you might want to provide only the essential details.

In this case, simply ask the question and give a very brief description of the event, something along the lines of "I had a recent incident at a restaurant". Then, if people keep pressing about the details of the situation, you give it to them. But only the basic details (mother's card, I didn't have my ID on me), not a description of your everyday habits.

As for the legality of the situation... I do not know. But I'm pretty sure they have the right to call the police regarding a potential CC theft.
 
[quote name='marie']Hypothetically speaking, let's say someone wanted to buy my bike using a credit card- they hand me the credit card, I ask for ID, they don't have ID, so I can keep their card?

If I went to a convenient store run by a shady fellow, and tried to buy some hotdogs using my card- he asked for ID, but I didn't have it, he can keep my card?

What authority or entitlement does Red Robin have to seize a card?
Can anyone seize a credit card?

I really don't see how it's Red Robin's responsibility/place to serve as credit-card police.[/QUOTE]
I would guess that the agreement between your bank, visa(or whatever), the store, and you has a provision in it that they can take/keep the card if fraud/theft is suspected. Similar to how Visa or the bank can order the card destroyed.
 
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