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Can I collect photo IDs on my website for fraud prevention purposes?

Discussion in 'Legal Issues' started by MIsac, Aug 6, 2014.

  1. #1
    Hello, I have a registered LLC, I offer some free services on my website, but in order to provide this free service to a client, I need him/her to verify identity first by sending a valid photo ID such as passport or driver's license, etc.. I clarify this in the terms of service on the website and on the service page as well. I was wondering if that is legally allowed for me to do or not? in another words, can I require the photo IDs in that way? or is that something that needs extra requirements to do with the government/state to allow me collect photo IDs or verify clients identity. Any suggestions?

    Thank you.
     
    Last edited: Aug 6, 2014
    MIsac, Aug 6, 2014 IP
  2. sarahk

    sarahk iTamer Staff

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    #2
    Very few of us will be up to date on Egyptian law and you'd probably be better off talking to a real lawyer - the cost will be nothing compared to the potential cost of getting it wrong.

    In the meantime download the airbnb app and see if they require you to upload your id (they do in New Zealand) and check out their TOS. They probably comply with the law in the country they are based in which probably isn't Egypt but it'll give you start point.
     
    sarahk, Aug 6, 2014 IP
    wisdomtool likes this.
  3. MIsac

    MIsac Greenhorn

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    #3
    Thank you for your reply, I appreciate that.

    Actually the LLC is filed in the US. I was wondering if that is against the US law or not.

    Thanks again :)
     
    MIsac, Aug 6, 2014 IP
  4. sarahk

    sarahk iTamer Staff

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    #4
    I'd say it's not but their fine print will be written to cover all bases.
     
    sarahk, Aug 6, 2014 IP
  5. jrbiz

    jrbiz Prominent Member

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    #5
    I am not a lawyer, but have done business in the U.S. for a long time. As long as you are not doing it for fraudulent purposes, you can collect whatever information you would like from a prospect or customer. You can ask for credit card, photo ID, birth certificate, passport, favorite child, all medical conditions, height/weight, political leanings, daily calories consumed, favorite movie, and anything else that you want. Getting answers, of course, will be the challenge, especially online. In almost twenty years online, I have never been asked to do this by a website I was buying or thinking of buying from. I doubt that I would provide it, either.
     
    jrbiz, Sep 3, 2014 IP
  6. browntwn

    browntwn Prominent Member

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    #6
    This is false and not good advice to follow. There most certainly are restrictions on what you may ask for from a customer/client/etc. Medical conditions, political leanings, even parts of your address, are prohibited questions in certain circumstances. As just one example, Courts have held that it is a violation of privacy law here in California for a retailer to ask you for your zip code when processing a credit card. Yes, your zip code is protected. So, contrary to what is posted above, you may not simply "collect whatever information you would like".
     
    browntwn, Sep 3, 2014 IP
  7. jrbiz

    jrbiz Prominent Member

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    #7
    Yes, I should have clarified that there are some restrictions on credit card information; most of the restrictions, however, are put in place by the merchant processors and anyone who accepts credit cards will be familiar with those restrictions. However, there are NO restrictions on the other issues mentioned by the poster above, unless those questions are used fraudulently (e.g., an employer using it to discriminate in its hiring process.) A private business has a lot of latitude in what it may ask due to free speech rights as long as it uses the information legally.
     
    jrbiz, Sep 4, 2014 IP
  8. dscurlock

    dscurlock Notable Member

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    #8
    I think I have been ask to provide ID to a site....
    I think I also decided not to do business...
    It is bad enough that you have to provide your credit card
    3 digit code in cases of buying online/phone, etc just
    so the retailer can get an extra discount....

    point of this story; I would never give out my
    ID to any site; I would simply just move on....
    and it only takes a few seconds for someone
    to decide to move on or not....
     
    dscurlock, Sep 22, 2014 IP
    jrbiz likes this.