Is the use of credit card info legal?

“First, it is true that if you walk up to a cash register at an Apple Store with $399 in cash [to buy an iPhone], you will be told that you need a credit or debit card,” David Berlind blogs for ZDNet. “As I’m taking four $100 bills out of my pocket, the clerk informs me that I must pay with a credit card.”

“Just as interesting however is the fact that you don’t need a credit/debit card for the entire purchase. When it became clear that my $399 in cash was no good at the Apple Store (for an iPhone), the clerk that I spoke with suggested that I pay $1 of the purchase price with my credit card and the rest in cash. This of course makes it clear that Apple needs the information on your credit card for something important,” Berlind writes. “But what?”

“Apple apparently is in a bind right now. It’s in a cat and mouse game with hackers who have made it possible to divorce (”unlock”) Apple’s iPhones from the AT&T wireless service that Apple is contractually bound to keep the phones married to,” Berlind writes.

Berlind writes, “As far as unique indentifiers go, credit cards are a pretty good token for authenticating someone’s identity. At the very least, Apple is probably retrieving (from the credit card) and keeping the name of every person who buys an iPhone. This way, when you go to buy another one, they can see if an iPhone has already been purchased by someone with the same name. But then comes the question of whether they are retaining your credit card number as well. How could they not?”

“Although nobody has yet to go on record, as it turns out, there’s a security and privacy standard called PCI DSS that practically every participant in the credit card ecosystem is required to adhere to. As far as I can tell, the standard policy potentially yields two important results. First, it protects the privacy of cardholders. Second, it helps merchants and card issuers manage risk,” Berlind writes.

“If Apple is using credit card numbers for the purpose of tracking (as seems to be the case here) — that Apple might not only be in violation of PCI DSS, it could also be breaking some laws (some of which are based on PCI DSS) as well as breaching the terms of its agreements with card issuers and credit card companies,” Berlind writes.

by David Berlind

new online credit card company?
Credit or debit?
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