Does the law require that a person’s drivers licence be swipedthrough a cardreader in order to by a product?

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Does the law require that a person’s drivers licence be swipedthrough a cardreader in order to by a product?

Cold and flu product. I have no issue with showing proof of age or my address being recorded when I purchase an item such as this. I have issues with the drivers licence being swiped and all personal information being entered into the store’s database.

Asked on October 21, 2010 under Business Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You would have to consult with a local attorney on if in fact it is a law in your area.  I can absolutely see that because the product may have an alcohol content that they need to make sure that it is being sold to someone over the age of 21.  So they "card" you and ask for your license.  But I can not see that they would need to gather all that information for this type of sale.  Is it a local pharmacy?  A chain store?  Check with another pharmacy in the area and see what they say. Then simply ask that they not swipe your card and that they can verify your age by reading the license.  You have rights too.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

For cold and flu products containing the same active ingredient as the original Sudafed (I can't think of the name of the chemical right now), yes, it is the law. That law was passed because that chemical is a major ingredient in creating crystal meth; drug producers were buying up large quantities of the OTC  cold/flu remedy and in some fashion boiling or distilling it down to make crystal meth. In response, a law was passed  both restricting purchases so they're no longer OTC and requiring that the identifying information of purchasers be tracked, so as to both dissuade people from buying mass quantities and to  make it easier to identify those who may be drug makers by tracking their purchases.


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