GameStop Sued Over Privacy Violations

[Andy Chalk]

GameStop Sued Over Privacy Violations

GameStop [http://www.gamestop.com] is facing a class action lawsuit for allegedly violating California's privacy laws by recording a customer's "personal identification information" during a purchase.

The lawsuit against GameStop was filed in late February by Melissa Arechiga, who said that an employee at a local outlet recorded her name, credit card number and other identifying information during a purchase. According to the suit, the employee requested "personal identification information" from Arechiga without explaining what it would be used for; Arechiga provided the information without question, believing it was necessary to complete the purchase. The employee banged it into the computer, ran the sale through and all was well.

But the employee "made no attempt to erase, strikeout, eliminate, or otherwise delete [Arechiga's] personal information from the electronic cash register" after the purchase was completed and that, her lawyer claims, is a violation of a California law that forbids retailers requesting and recording such information as part of a credit card transaction. Because of that, Arechiga filed suit on behalf of everyone in California who had similar information recorded by GameStop over the past year.

The suit seeks a penalty of up to $1000 per member of the class, the maximum civil penalty allowed under the law, as well as attorneys' fees and other legal costs and an injunction preventing GameStop from requesting such information in the future.

It used to be common practice for some retailers to request that kind of information with every purchase; Radio Shack was notorious for it back in the day. Evolving privacy laws have largely brought such practices to a halt, although not everywhere and not under all circumstances. Yet I can't help thinking that if you're truly uncomfortable handing out such information, perhaps instead of filing a lawsuit you should just say no.

A full copy of the lawsuit in PDF format is available here [http://ps3movies.ign.com/ps3/document/article/115/1152196/https___ecf.cand.uscourts.gov_cgi-bin_show_temp.pl_file=merged_0.310229627453861_-1-1298669641.pdf].

Source: IGN [http://uk.psp.ign.com/articles/115/1152224p1.html]


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[Irridium]

Don't Gamestop's everywhere do this? And all I get asked when I pre-order something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games). When I buy I just get asked for the ID.

 

[The Rockerfly]

I know this isn't entirely ontopic but that pictures makes me feel quite old with Halo 3 and GRAW 2 being released. They aren't even that old games but now I feel very old

 

[Armored Prayer]

Don't Gamestop's everywhere do this? And all I get asked when I buy something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games).

Same here but its gotten to the point where the employees can easily identify me so I don't need to show any ID. I never used a credit card to purchase games so the chances of them having my private info is low... hopefully... Can they get my private info form my job application?

 

[manythings]

Don't Gamestop's everywhere do this? And all I get asked when I buy something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games).

I've never gotten it when buying, just the two preorders I've made there. I assumed it was so they'd know I was me and could send me a message when my purchases arrived.

 

[Irridium]

Don't Gamestop's everywhere do this? And all I get asked when I buy something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games).

I've never gotten it when buying, just the two preorders I've made there. I assumed it was so they'd know I was me and could send me a message when my purchases arrived.

Yeah I meant pre-order. Not sure why I said buy.

 

[MrJoyless]

If someone asks me for personal information the best i ever give them is my zip code, it should be all they need for their marketing/demographic analysis if they want anything more i just tell them sell me what i want or ill find someone else who will....

 

[manythings]

Don't Gamestop's everywhere do this? And all I get asked when I buy something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games).

I've never gotten it when buying, just the two preorders I've made there. I assumed it was so they'd know I was me and could send me a message when my purchases arrived.

Yeah I meant pre-order. Not sure why I said buy.

I want to know if she is hot/cute and was it a guy behind the counter angling for a phone number.

 

[therandombear]

Don't Gamestop's everywhere do this? And all I get asked when I buy something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games).

I've never gotten it when buying, just the two preorders I've made there. I assumed it was so they'd know I was me and could send me a message when my purchases arrived.

Yeah I meant pre-order. Not sure why I said buy.

They want your phone number so they can call in the middle of the night and breath heavily at you...or is that just me?

OT: I had to show ID before when buying 18+ games, I look older now though so they stopped doing that, and I have to tell them my phone number when pre-ordering a game so they can let me know.

 

[Quaidis]

How did she learn that her info was still on the computers?

There's a large gap for that in the article. One moment she knowingly gives away her personal information, the next she's sueing because it's still on the computers. Did someone tell her? Does she work at Gamestop or something? Did someone steal her identity? Or did she give the information knowing that it's against the law, trying to make a quick buck on the sue-crazy part of the world?

 

[wynnsora]

Ok, so correct me if I'm wrong. California state privacy laws say that you shouldn't give up your ID to a retailer for them to check and insure that you're 18. BUT if they don't make sure, they might sell an M rated game to a minor and thus be breaking the law. You know what? I think Gamestop should just remove all their stores in California and take their business elsewhere. They're getting way too much bull out of this one state.

 

[JDKJ]

I've tried the Nancy Reagan approach with Radio Shack and just said "no," further pointing out to them that California law forbid the request and that my credit card company's agreement with them -- and all other vendors who accept the card -- states that as long as I -- and all other card users -- can provide a signature matching the one on my card, they must accept my card as payment. They still refused to accept my card.

 

[JDKJ]

Ok, so correct me if I'm wrong. California state privacy laws say that you shouldn't give up your ID to a retailer for them to check and insure that you're 18. BUT if they don't make sure, they might sell an M rated game to a minor and thus be breaking the law. You know what? I think Gamestop should just remove all their stores in California and take their business elsewhere. They're getting way too much bull out of this one state.

You're wrong. California's law say that the information can't be requested and recorded by the seller in order to effect a credit card transaction. That doesn't stop anyone from requesting proof of age. Ask for someone's license or identification, note the birth of date, and move on with the transaction as appropriate based on the information provided. If all you need is proof of age, there's no need to record and retain the personal information the customer provides.

And there's no law in California -- or any other State -- making it illegal to fail to ID prior to the sale of an M-rated game or to sell an M-rated game to a minor -- at least not yet. That's just company policy.

 

[Shoggoth2588]

Don't Gamestop's everywhere do this? And all I get asked when I pre-order something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games). When I buy I just get asked for the ID.

Yep: If you're buying something with a credit card you need to present it so the last four numbers of it can be punched in. That's everywhere though, as far as I know, so long as the purchase is $15 - $25 or more.

At gamestop however (in Maryland at least) you now also need to provide two forms of ID, anything issued by the state (well...any state really) and anything else be it a credit card or something.

Anyway: This whole things sounds stupid. It could have either been easily avoided or, it's something the customer is blowing up for no good reason. I've had people get uppity about me asking for their phone number and/or, their e-mail while trying to sign them up for power-up rewards. Sorry, I've been working retail since about 09. I have kind of a Randal outlook where customers are concerned.


Granted, that video applies more to when I was working at Blockbuster...

 

[squid5580]

Don't Gamestop's everywhere do this? And all I get asked when I buy something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games).

Same here but its gotten to the point where the employees can easily identify me so I don't need to show any ID. I never used a credit card to purchase games so the chances of them having my private info is low... hopefully... Can they get my private info form my job application?

Lol me too. they just give me the slip and I fill it out myself when I do the trade in lol

 

[mjc0961]

Yet I can't help thinking that if you're truly uncomfortable handing out such information, perhaps instead of filing a lawsuit you should just say no.

See, that's what I was thinking. If I was ever in the situation where I was shopping at GameStop (although such a scenario is already disconnected from reality), if they wanted a bunch of information just to buy a game when other stores are happy to just swipe the card and give you the game, I would inform the GameStop cashier that I'd be buying the game elsewhere.

 

[JDKJ]

Don't Gamestop's everywhere do this? And all I get asked when I pre-order something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games). When I buy I just get asked for the ID.

Yep: If you're buying something with a credit card you need to present it so the last four numbers of it can be punched in. That's everywhere though, as far as I know, so long as the purchase is $15 - $25 or more.

At gamestop however (in Maryland at least) you now also need to provide two forms of ID, anything issued by the state (well...any state really) and anything else be it a credit card or something.

Anyway: This whole things sounds stupid. It could have either been easily avoided or, it's something the customer is blowing up for no good reason. I've had people get uppity about me asking for their phone number and/or, their e-mail while trying to sign them up for power-up rewards. Sorry, I've been working retail since about 09. I have kind of a Randal outlook where customers are concerned.


Granted, that video applies more to when I was working at Blockbuster...

I think GameStop went beyond the last four digits of the card number. It looks like they record the entire card number. Which they have no need to do that I can see. When the swipe the card or enter it's number at the terminal connected to the card-issuer, all the information that the card-issuer needs to honor the debt on behalf on their cardholder is transmitted. Why does GameStop need my full card number and personal information in order for the transaction to be honored by my cardholder? They don't. They're just fishing for information they can use for their own personal purposes (mailing lists, complying customer demographic statistics, etc., etc.)

 

[Danpascooch]

Suing for anything more than a court order for them to delete the information is absurd.

They deserve a slap on the wrist for this, not $1000 per person, seriously, is there any possible reason for that absurd number other than greed?

 

[Danpascooch]

Don't Gamestop's everywhere do this? And all I get asked when I pre-order something is my phone number... and my license to show I'm 18(actually 19, but old enough to buy M rated games). When I buy I just get asked for the ID.

Yep: If you're buying something with a credit card you need to present it so the last four numbers of it can be punched in. That's everywhere though, as far as I know, so long as the purchase is $15 - $25 or more.

At gamestop however (in Maryland at least) you now also need to provide two forms of ID, anything issued by the state (well...any state really) and anything else be it a credit card or something.

Anyway: This whole things sounds stupid. It could have either been easily avoided or, it's something the customer is blowing up for no good reason. I've had people get uppity about me asking for their phone number and/or, their e-mail while trying to sign them up for power-up rewards. Sorry, I've been working retail since about 09. I have kind of a Randal outlook where customers are concerned.


Granted, that video applies more to when I was working at Blockbuster...

I think GameStop went beyond the last four digits of the card number. It looks like they record the entire card number. Which they have no need to do that I can see. When the swipe the card or enter it's number at the terminal connected to the card-issuer, all the information that the card-issuer needs to honor the debt on behalf on their cardholder is transmitted. Why does GameStop need my full card number and personal information in order for the transaction to be honored by my cardholder? They don't. They're just fishing for information they can use for their own personal purposes (mailing lists, complying customer demographic statistics, etc., etc.)

I agree, they deserve a slap on the wrist for this.

You have to agree that $1000 a person is absolutely bat fuck insane though