Urban Outfitters (URBN) is facing a lawsuit in Washington, D.C., for asking its customers a seemingly innocuous question: "What's your ZIP code?"
The Blog of Legal Times reports that the class-action lawsuit was filed on June 21 on behalf of consumers who shopped at Urban Outfitters and Anthropologie beginning in June 2010. The retailers, according to the lawsuit, asked for ZIP codes during checkout "under the guise that it is required when a customer makes a purchase with a credit card." But the lawsuit claims that the real purpose was to use the data to obtain customer addresses for marketing purposes -- something the plaintiffs say is illegal under D.C.'s consumer protection laws.
We've reached to Urban Outfitters for comment on the lawsuit, and will update if we hear back.
Asking customers for ZIP codes is a relatively common practice in the retail industry, and we've already seen multiple lawsuits filed to put a stop to it. In Massachusetts, the Supreme Court ruled that asking for ZIP codes during transactions violated consumer privacy laws, and California made a similar ruling in a lawsuit against Williams-Sonoma.
As we've previously noted, retailers use your ZIP code to zero in on your home address, thus allowing them to send you marketing materials. Forbes has an in-depth look at how this works, highlighting marketing companies that offer the ability to combine your ZIP code with the name on your credit card to return an address. (It's not hard to understand how that works: There are 27 people with my name in this country, but I'm probably the only Matt Brownell in my ZIP code; getting my ZIP code lets them narrow down which one of us is making the purchase.)
Privacy-conscious shoppers who decline to hand over their ZIP code are often informed that the retailer needs that information to process the transaction. The cashier might even explain that the credit card company requires it to prevent credit card fraud. But banking security expert Al Pascual, a senior analyst with Javelin Strategy & Research, says it's highly unlikely that a store would need to get your ZIP code to process a credit card transaction.
"Using the ZIP code as an authenticator is common in e-commerce, but rarely occurs at the point of sale," he says. "I can think of two exceptions -- one being gas stations, which typically implement its use at the pump, and the other would be during keyed point-of-sale transactions where the [magnetic] stripe could not be read. It is conceivable that Urban Outfitters was using the ZIP code for authentication during every point-of-sale transaction, but it would be highly unusual considering the costs involved."
So the next time a retailer tells you that it needs your ZIP code to process your transaction, you can call its bluff. Threaten to take your business elsewhere -- trust us, they'd rather have a sale than an address -- or just tell them your ZIP code is 90210.
It's Time for a Shoppers' Bill of Rights
No, the Cashier Doesn't Really Need Your ZIP Code
In the wake of a number of high-profile cruise ship disasters, the cruise industry announced this week that it had approved a passengers' bill of rights. The document, which the industry says will be legally binding, mainly concerns passengers' rights in instances where a ship has become disabled.
It resembles a similar bill of rights for airline passengers that the Department of Transportation drew up in 2011. Those rules concerned procedures for dealing with lengthy tarmac delays, lost baggage, and similar issues.
That got us thinking: If cruise ship passengers and air travelers have their own bills of rights, why shouldn't shoppers?
Sure, visitors to retail stores typically don't encounter situations as maddening as being stranded on a floating hotel where the bathrooms don't work, or trapped in a cramped coach-class seat while their flight sits on a tarmac for hours. But the shopping experience is still riddled with frustrations, and less-savvy shoppers are often taken advantage of by dodgy pricing, pushy salespeople and inconsistent policies.
We'd love to see a self-policing effort by the industry to assure shoppers that they can expect certain standards of treatment when they walk into a store. Here are a few things we would include in a shopper's bill of rights.
When retailers run sales and coupons, they include fine print that limits what the deal actually applies to. In most cases, it's relatively harmless -- it defines the effective dates of the promotion, and may exclude select items like gift cards and jewelry.
But problems arise when retailers go totally overboard and try to exclude half the store. Department stores like Sears (SHLD) and Macy's (M) tend to hold sales that exclude dozens of brands from the discount, and earlier this year Guitar Center took some heat for a coupon that excluded more than 300 brands.
Sure, in a perfect world everyone would read and understand the fine print. But it's not unreasonable for someone to see "20 percent off everything" and assume that it applies to most of the merchandise in the store.
It's bad enough when there's a ton of fine print in the ad. It's even worse when store employees are inconsistent about applying those terms.
The other day I was shopping at Banana Republic (GPS), which was having a 40 percent off sale. I found an item I liked and confirmed that it wasn't excluded in the fine print, but a cashier insisted that the discount did not apply. Only when I threatened to leave empty-handed did she check with a manager and apply the discount.
It's understandable that the price of certain big-ticket purchases -- cars, TVs, and so on -- will depend in part on your ability to successfully haggle down the price. But whether or not a store fairly applies the terms of a deal should not be contingent on your willingness to make a scene.
It's not just the fine print on coupons that's often left to the interpretative whims of cashiers and associates. Corporate policies on everything from returns to price-matching are often poorly understood or selectively applied by front-line employees.
In our review of store price-match policies, we noted a report from Cheapism that found that some stores were inconsistent in their application of those policies. At Walmart (WMT), for instance, cashiers insisted on seeing competitors' ads to perform a price-match, despite a company policy that explicitly says that you don't need to show them.
We know it's not easy to educate every last employee about every last policy, especially at an enormous company like Walmart. But those policies don't mean much if the people who have to follow them haven't read them. Which segues nicely into ...
Retail employees also need to be informed about the products they're selling, so that they can give accurate advice to shoppers.
That means if you're buying a TV, you have the right to an employee who can tell you the difference between plasma and LED. If you're buying a bra, you have the right to a saleswoman who can properly fit you. If you're buying a computer, you have the right to a salesperson who can tell you whether or not you really need to pay for an antivirus program.
Having smart salespeople makes good business sense for retailers -- Best Buy (BBY), for instance, has realized that well-informed customer service is one of the few advantages it can wield over online competitors. But it's also a matter of consumer rights: If you're misled into buying the wrong TV, bra or software product and then find that you can't return it, that's money out of your pocket.
"Is there anything I can help you find?" is no longer the only question you're asked at a retail store. Store associates and cashiers may ask you to sign up for store credit cards and rewards programs; upon checkout, they might also ask for your zip code and email address.
Of course, you have every right to say no to these questions. But sometimes they won't take no for an answer -- I have dealt with pushy associates eager to get commissions on credit card applications, as well as cashiers insisting that I reveal my email address.
But giving them your email address invariably means getting marketing emails, and your zip code can be used to locate you and send you catalogs. Meanwhile applying for a store credit card can temporarily lower your credit score. Shoppers should be notified of the downsides involved with saying "yes" to any of these questions. And salespeople shouldn't be allowed to pressure you after you've said "no."
You're legally entitled to the price on the price tag. But there are still plenty of shenanigans happening in the background.
One trick: Creating the illusion of a discount by touting a high "original price" next to the ticket price. Kohl's (KSS) is dealing with a lawsuit claiming that it misled customers in this way, while J.C. Penney (JCP) was recently accused of fabricating prices to make its discounts look better.
And while we're at it, let's keep barcodes honest, too. Some retailers have dealt with barcode-scanning shoppers by covering the barcode on the box with one of their own creation; the custom code will confuse any price-comparison app. Retailers don't have to tell you all about the lower price you can get from a competitor, but they shouldn't actively hinder you from making an informed purchase.
There are a lot of things we wish retailers would do better. We hate having to wait in long lines at checkout, for instance. We hate that every retailer has its own return policy to pore through, with various exclusions and time limits. And we wish retailers didn't feel the need to hand us a mile-long receipt covered in promotions and surveys when we're just buying a pack of gum.
We left those grievances out of our proposed bill of rights, because this isn't meant to be a shopping wish list -- the focus here is on basic standards of fairness and honesty that will protect the shopper.
Still, we may have missed a few. If there are certain rights that you feel every shopper should be guaranteed, we'd love to hear about it. Give us a shout in the comments or send an email to Matt.Brownell@teamaol.com.