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but does anyone know the actual legal standpoint of using such information?
We have decided to capture more information and now record the phone numbers from these failed transactions as well in order to possibly start calling these people to see if we can help.
Because they have already ordered and feel bound to the order - even if the transaction failed.
It is really a bad idea in my opinion to integrate the payment process into the order process.
I think the average person doesn't believe they've "ordered" if the transaction fails. Most Internet shoppers understand the difference between Shopping Cart, Checkout, and Order Complete.
At a B&M store you can take things to the checkout counter, have them ring you up, and then discover you forgot your purse or that your payment won't work or whatever. You have no obligation to come back and pay for those items later; there is no legal "contract" implied or otherwise