Lawsuit Alleges ID for ‘All’ Nicotine Sales Illegal

Many retailers in Oregon have implemented universal ID checks for alcohol or nicotine products. That means they’ll card you — even if you’re 50, 60 or 70 years old. Retailers explain that the point is to eliminate guesswork and make sure kids don’t drink or smoke.

A pair of class action lawsuits are looking to undo those policies, alleging they violate Oregon law.

“I understand their reasoning. Trying to protect themselves from selling to underage kids,” said Scott Dale of Molalla, a plaintiff in one of the lawsuits. “But you can’t do that when there are privacy laws in place.”

Oregon law prohibits swiping a driver’s license except under certain circumstances, including the sale of age-restricted products if there is any reasonable doubt that the person is 21, according to media reports.

According to Oregon Administrative Rules, reasonable doubt exists if the person appears to be under the age of 26.

“The law does not allow a business to swipe every driver’s license on every transaction,” said Portland attorney Michael Fuller.

The law, passed by the Oregon legislature in 2009, was intended to prevent data collection from driver’s licenses and ID cards.

“The concern is privacy,” said Fuller.

Plaid Pantry and WSCO Petroleum, which owns Astro gas stations, are both being sued in separate class action lawsuits over their universal card-swiping policies.

Fuller argued state law is clear, and violations can result in hefty penalties. The law allows an individual to recover actual damages or $1,000, whichever is greater. If the violation is intentional, the court can triple damages.

“The Oregon Legislature made a policy decision and decided that it wasn’t going to allow corporations to scan drivers’ licenses unless there was a reason for it in hopes of reducing the risk of a future data breach,” said Fuller.

Retailers claim the government encourages the scanning of ID and driver’s licenses to help prevent the sale of alcohol and tobacco to kids.