11/05/2007, 11:05am, EST
Monday, November 5th
iPhone credit card policy breaking laws?
Apple may be violating standards and laws with its credit card policy for iPhones, an informal investigation has revealed. Typically, buying an iPhone at an Apple Store requires either a credit or a debit card, although it may be possible to pay as little as $1 of the $399 price in this way. The company does not accept payments entirely in cash however, and has not so far explained why. It is suspected that this is done to aid tracking purchases, since shoppers are limited to two phones per person, a measure to prevent bulk purchases for the gray market, whether domestically or in Europe, where the phones must also be hacked.
The difficulty with this, according to professionals within the credit card industry, is a global standard called PCI DSS. This is meant to protect users against privacy violations, specifically by detailing how information from a card can be used. The professionals claim that if Apple is tracking customer data via credit cards, this may violate a PCI DSS policy that numbers should only be used to complete transactions. This policy is also reflected in some agreements formed between card issuers and credit companies, as well as laws in various regions.
Employees at Visa have been told about the potential conflict, but have not yet responded on the subject of standards compliance. Based on the unusual delay, it is rumored that lawyers are now probing the legitimacy of Apple's policy in legal, contractual and PCI DSS terms.
Filed under: Apple
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So... do rental car companies use your credit card # to track you? Or is it strictly to protect them against renters using their cars for illegal purposes and against damage?
On the other hand you have Apple which may try to use your CC number to be sure you didn't buy 10 iphones. THEY use your CC numbers for other things than transaction or law enforcement here - for their private use. Here is the issue.
It's been pretty much established on the intarweb boards that Apple isn't doing anything illegal requiring customers to purchase the iPhone using plastic. That's indisputable, and so rental car agencies are the same.
The point here is that, the only reason why Apple is mandating plastic use is seems to be that Apple could use the credit card info block a potential unauthorized reseller from buying more that 2 iPhones on the same card. THAT is what's being questioned here. Can Apple legally do that?
With rental cars it's different. They're not using your credit card number to do a background research. They're keeping that information so that in the case that you, the renter, do something illegal (e.g., take off with the car) THEN they could use that information against you, like report it to the police, etc.
That's a big difference.
Apple Inc, one of the few companies doing their best to limit the sale of their merchandise.
And failing miserably! :-)
This is standard "gray area" stuff - but it happens everyday. Just ask yourself where that last piece of "junk mail" came from and how did it come to you?
Doofuses.