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Merchant Laws
The following are state laws regarding what merchants can and cannot ask for when you pay by check or credit card. If your state is not listed, then to the best of our knowledge it does not have applicable laws. The laws were researched
July 2003. If you know of other laws or have any questions, please contact us.
California
(a) Unless permitted under subdivision (c), no person accepting a negotiable instrument as payment in full or in part for goods or services sold or leased at retail shall do any of the following:
(1) Require the person paying with a negotiable instrument to provide a credit card as a condition of acceptance of the negotiable
instrument, or record the number of the credit card.
(2) Require, as a condition of acceptance of the negotiable instrument, or cause the person paying with a negotiable instrument to
sign a statement agreeing to allow his or her credit card to be charged to cover the negotiable instrument if returned as no good.
(3) Record a credit card number in connection with any part of the transaction described in this subdivision.
(4) Contact a credit card issuer to determine if the amount of any credit available to the person paying with a negotiable instrument will cover the amount of the negotiable instrument.
(b) For the purposes of this section, the following terms have the following meanings:
(1) "Check guarantee card" means a card issued by a financial institution, evidencing an agreement under which the financial institution will not dishonor a check drawn upon itself, under the terms and conditions of the agreement.
(2) "Credit card" has the meaning specified in Section 1747.02, and does not include a check guarantee card or a card that is both a credit card and a check guarantee card.
(3) "Negotiable instrument" has the meaning specified in Section 3104 of the Commercial Code.
(4) "Retail" means a transaction involving the sale or lease of goods or services or both, between an individual, corporation, or other entity regularly engaged in business and a consumer, for use by the consumer and not for resale.
(c) This section does not prohibit any person from doing any of the following:
(1) Requiring the production of reasonable forms of positive identification, other than a credit card, which may include a driver's license or a California state identification card, or where one of these is not available, another form of photo identification, as a condition of acceptance of a negotiable instrument.
(2) Requesting, but not requiring, a purchaser to voluntarily display a credit card as an indicia of creditworthiness or financial responsibility, or as an additional identification, provided the only information concerning the credit card which is recorded is the type of credit card displayed, the issuer of the card, and the expiration date of the card. All retailers that request the display of a credit card pursuant to this paragraph shall inform the customer, by either of the following methods, that displaying the credit card is not a requirement for check writing:
(A) By posting the following notice in a conspicuous location in the unobstructed view of the public within the premises where the check is being written, clearly and legibly: "Check writing ID: credit card may be requested but not required for purchases."
(B) By training and requiring the sales clerks or retail employees requesting the credit card to inform all check writing customers that they are not required to display a credit card to write a check.
(3) Requesting production of, or recording, a credit card number as a condition for cashing a negotiable instrument that is being used solely to receive cash back from the person.
(4) Requesting, receiving, or recording a credit card number in lieu of requiring a deposit to secure payment in event of default, loss, damage, or other occurrence.
(5) Requiring, verifying, and recording the purchaser's name, address, and telephone number.
(6) Requesting or recording a credit card number on a negotiable instrument used to make a payment on that credit card account.
(d) This section does not require acceptance of a negotiable instrument whether or not a credit card is presented.
(e) Any person who violates this section is subject to a civil penalty not to exceed two hundred fifty dollars ($ 250) for a first violation, and to a civil penalty not to exceed one thousand dollars ($1,000) for a second or subsequent violation, to be assessed and collected in a civil action brought by the person paying with a negotiable instrument, by the Attorney General, or by the district attorney or city attorney of the county or city in which the violation occurred. However, no civil penalty shall be assessed for a violation of this section if the defendant shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error made notwithstanding the defendant's maintenance of procedures reasonably adopted to avoid such an error. When collected, the civil penalty shall be payable, as appropriate, to the person paying with a negotiable instrument who brought the action or to the general fund of whichever governmental entity brought the action to assess the civil penalty.
(f) The Attorney General, or any district attorney or city attorney within his or her respective jurisdiction, may bring an action in the superior court in the name of the people of the State of California to enjoin violation of subdivision (a) and, upon notice to the defendant of not less than five days, to temporarily restrain and enjoin the violation. If it appears to the satisfaction of the court that the defendant has, in fact, violated subdivision (a), the court may issue an injunction restraining further violations, without requiring proof that any person has been damaged by the violation. In these proceedings, if the court finds that the defendant has violated subdivision (a), the court may direct the defendant to pay any or all costs incurred by the Attorney General, district attorney, or city attorney in seeking or obtaining injunctive relief pursuant to this subdivision.
(g) Actions for collection of civil penalties under subdivision (e) and for injunctive relief under subdivision (f) may be consolidated.
(a) Except as provided in subdivision (c), no person, firm, partnership, association, or corporation which accepts credit cards for the transaction of business shall do either of the following:
(1) Request, or require as a condition to accepting the credit card as payment in full or in part for goods or services, the cardholder to
write any personal identification information upon the credit card transaction form or otherwise.
(2) Request, or require as a condition to accepting the credit card as payment in full or in part for goods or services, the cardholder to provide personal identification information, which the person, firm, partnership, association, or corporation accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise.
(3) Utilize, in any credit card transaction, a credit card form which contains preprinted spaces specifically designated for filling in any
personal identification information of the cardholder.
(b) For purposes of this section "personal identification information," means information concerning the cardholder, other than information set forth on the credit card, and including, but not limited to, the cardholder's address and telephone number.
(c) Subdivision (a) does not apply in the following instances:
(1) When the credit card is being used as a deposit to secure payment in the event of default, loss, damage, or other similar occurrence.
(2) Cash advance transactions.
(3) When the person, firm, partnership, association, or corporation accepting the credit card is contractually obligated to provide personal identification information in order to complete the credit card transaction or is obligated to collect and record the personal identification information by federal law or regulation.
(4) When personal identification information is required for a special purpose incidental but related to the individual credit card transaction, including, but not limited to, information relating to shipping, delivery, servicing, or installation of the purchased merchandise, or for
special orders.
(d) This section does not prohibit any person, firm, partnership, association, or corporation from requiring the cardholder, as a condition to accepting the credit card as payment in full or in part for goods or services, to provide reasonable forms of positive identification, which may include a driver's license or a California state identification card, or where one of these is not available, another form of photo identification, provided that none of the information contained thereon is written or recorded on the credit card transaction form or otherwise.If the cardholder pays for the transaction with a credit card number and does not make the credit card available upon request to verify the number, the cardholder's driver's license number or identification card number may be recorded on the credit card transaction form or otherwise.
(e) Any person who violates this section shall be subject to a civil penalty not to exceed two hundred fifty dollars ($ 250) for the first violation and one thousand dollars ($ 1,000) for each subsequent violation, to be assessed and collected in a civil action brought by the person paying with a credit card, by the Attorney General, or by the district attorney or city attorney of the county or city in which the violation occurred. However, no civil penalty shall be assessed for a violation of this section if the defendant shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error made notwithstanding the defendant's maintenance of procedures reasonably adopted to avoid such an error. When collected, the civil penalty shall be payable, as appropriate, to the person paying with a credit card who brought the action, or to the general fund of whichever governmental entity brought the action to assess the civil penalty.
(f) The Attorney General, or any district attorney or city attorney within his or her respective jurisdiction, may bring an action in the superior court in the name of the people of the State of California to enjoin violation of subdivision (a) and, upon notice to the defendant of not less than five days, to temporarily restrain and enjoin the violation. If it appears to the satisfaction of the court that the defendant has, in fact, violated subdivision (a), the court may issue an injunction restraining further violations, without requiring proof that any person has been damaged by the violation. In these proceedings, if the court finds that the defendant has violated subdivision (a), the court may direct the defendant to pay any or all costs incurred by the Attorney General, district attorney, or city attorney in seeking or obtaining injunctive relief pursuant to this subdivision.
(g) Actions for collection of civil penalties under subdivision (e) and for injunctive relief under subdivision (f) may be consolidated.
(h) The changes made to this section by Assembly Bill 1316 of the 1995-96 Regular Session of the Legislature apply only to credit card transactions entered into on and after January 1, 1996. Nothing in those changes shall be construed to affect any civil action which was filed before January 1, 1996.
[Notes:
The civil penalty provision of the Song-Beverly Credit Card Act of 1971 (CC § 1747.8(e)) does not mandate fixed penalties; rather, it sets maximum penalties of $ 250 for the first violation and $ 1,000 for each subsequent violation, thus providing an entire range of available penalties. Linder v Thrifty Oil Co. (2000) 23 Cal 4th 429, 447, 97 Cal Rptr 2d 179, 2 P3d 27.
Retailer violated the Song-Beverly Credit Card Act by requesting a consumer's telephone number before ringing up purchases on a credit card because the addition of the word "request" to Cal. Civ. Code § 1747.8 prohibited the retailer from seeking such information before the transaction; therefore, a trial court erred in granting the retailer's motion to dismiss the consumer's action. Florez v Linens 'N Things, Inc. (2003, 4th Dist) 108 Cal App 4th 447, 133 Cal Rptr 2d 465.]
Delaware
11 Del. C. § 915. Use of credit card information
(a) In this section, the following words have the meanings indicated:
(1) "Drawer" means the individual who makes or signs a check or other draft;
(2) "Draft" does not include a credit or debit card sales draft.
(b) Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty or services, a person may not request or record the account number of any credit card of the drawer of the check or other draft.
(c) The provisions of this section do not prohibit a person from:
(1) Requesting the drawer to display a credit card for purposes only of identification or credit worthiness;
(2) Requesting or recording the type or issuer of a credit card of the drawer; or
(3) Recording the number and expiration date of a credit card if the person requesting the information has agreed with the credit card issuer to cash checks as a service to the issuer's cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person.
(d) Violation of this section is an unclassified misdemeanor.
(a) Except as provided in subsection (b) of this section, as a condition of accepting a credit card as payment for consumer credit, goods, realty, or services, a person may not write down or request to be written down the address and/or telephone number of the credit card holder on the credit card transaction form.
(b) A person may record the address or telephone number of a credit card holder if the information is necessary for:
(1) The shipping, delivery or installation of consumer goods; or
(2) Special orders of consumer goods or services.
(c) Violation of this section is an unclassified misdemeanor.
Florida
Fla. Stat. § 832.075. Requiring credit card information for check or draft acceptance prohibited
(1) No person shall require, as a condition of acceptance of a check or share draft or as a means of identification, that the person presenting the check or draft provide a credit card number or credit card expiration date.
(2) Recording a credit card number or expiration date in connection with the sale of goods or services in which the purchaser pays by check or share draft, or in connection with the acceptance of a check or share draft, is a noncriminal violation as defined pursuant to s. 775.08 punishable by a fine of $ 250 for the first violation and $ 1,000 for the second or subsequent violation in accordance with the provisions of s. 775.083.
(3) This section shall not prohibit a person from requesting a purchaser to display a credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card. This section does not require acceptance of a check or share draft whether or not a credit card is presented.
(4) This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both, in lieu of a deposit to secure payment in the event of default, loss, damage, or other occurrence.
(5) This section does not prohibit a credit card issuer or a subsidiary of the issuer of a credit card from requesting or receiving a credit card number or expiration date and recording the number or date, or both, for the purpose of establishing identity pursuant to s. 832.07(2).
(6) This section does not prohibit a person from recording a credit card number or expiration date as a condition for cashing a check where that person has agreed with the card issuer to cash checks as a service to the card issuer's cardholders and the card issuer has agreed to guarantee cardholder checks cashed by that person.
Georgia
- O.C.G.A. § 10-1-393.3. Prohibited use of purchaser's credit card information by merchant
(a) As used in this Code section, the term "merchant" means any person who offers goods, wares, merchandise, or services for sale to the public and shall include an employee of a merchant.
(b) A merchant shall be prohibited from requiring a purchaser to provide the purchaser's personal or business telephone number as a condition of purchase when payment for the transaction is made by credit card.
(c) A merchant shall be prohibited from using a purchaser's credit card to imprint the information contained on the credit card on the face or back of a check or draft from the purchaser as a condition of acceptance of such check or draft as payment for a purchase.
(d) A merchant shall be prohibited from recording in any manner the number of a purchaser's credit card as a condition of acceptance of a check or draft of the purchaser as payment for a purchase.
(e) Any merchant who violates the provisions of this Code section shall be subject to the penalties provided in this part.
(f) This Code section shall not prohibit a merchant from:
(1) Recording a credit card number and expiration date as a condition to cashing or accepting a check where the merchant has agreed with the credit card issuer to cash or accept such checks as a service to the issuer's cardholders and the issuer has agreed with the merchant to guarantee payment of all cardholder checks cashed or accepted by the merchant;
(2) Requesting a purchaser to display a credit or charge card as a means of identification or as an indication of credit worthiness or financial responsibility;
(3) Recording on the check or elsewhere the type of credit or charge card displayed for the purposes of paragraph (2) of this subsection and the credit or charge card expiration date; or (4) Recording the address or telephone number of a credit cardholder if the information is necessary for the shipping, delivery, or installation of consumer goods or for special orders of consumer goods or services.
(g) This Code section shall not require acceptance of a check or draft because a credit card is presented.
Illinois
Sec. 3-505A. Provision of credit card number as a condition of check cashing or acceptance prohibited.
(1) No person may record the number of a credit card given as identification or given as proof of creditworthiness when payment for goods or services is made by check or draft other than a transaction in which the check or draft is issued in payment of the credit card designated by the credit card number.
(2) This Section shall not prohibit a person from requesting a purchaser to display a credit card as indication of creditworthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card. This Section shall not require acceptance of a check or draft whether or not a credit card is presented.
(3) This Section shall not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both, in lieu of a deposit to secure payment in the event of default, loss, damage, or other occurrence.
(4) This Section shall not prohibit a person from recording a credit card number and expiration date as a condition for cashing or accepting a check or draft if that person, firm, partnership or association has agreed with the card issuer to cash or accept checks and share drafts from the issuer's cardholders and the issuer guarantees cardholder checks and drafts cashed or accepted by that person.
(5) Recording a credit card number in connection with a sale of goods or services in which the purchaser pays by check or draft, or in connection with the acceptance of a check or draft, is a business offense with a fine not to exceed $ 500.
As used in this Section, credit card has the meaning as defined in the Illinois Credit Card and Debit Card Act [720 ILCS 250/1 et seq.].
Iowa
- Iowa Code § 537.8101. Provision of credit card number as condition of check cashing or acceptance prohibited.
1. Provision of credit card number or expiration date not required. A person shall not require as a condition of acceptance of a check or share draft, or as a means of identification, that the person presenting the check provide a credit card number or expiration date, or both.
2. Recording of credit card number or expiration date, simple misdemeanor. Recording a credit card number or expiration date, or both, in connection with a sale of goods or services in which the purchaser pays by check or share draft, or in connection with the acceptance of a check or share draft, is a simple misdemeanor.
3. Display without recordation permissible condition. This section does not prohibit a person from requesting a purchaser to display a credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card. This section does not require acceptance of a check or share draft whether or not a credit card is presented.
4. Provision of credit card number or expiration date in lieu of deposit. This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both in lieu of a deposit to secure payment in event of default, loss, damage, or other occurrence.
Kansas
- K.S.A. § 50-669. Required presentation of credit card when writing a check; exceptions.
(a) A person shall not require as a condition or acceptance of a check or share draft, or as a means of identification, that the person presenting the check provide a credit card number or expiration date, or both, unless such credit is issued by the person requesting the information. (b) This section does not prohibit a person from requesting a purchaser to display a credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card.
(c) This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both in lieu of a security deposit to assure payment in event of default, loss, damage, or other occurrence.
(d) This section does not prohibit a person from recording a credit card number and expiration date as a condition for cashing a check or share draft where that person has agreed with the card issuer to cash checks and share drafts as a service to the issuer's cardholders and the issuer guarantees cardholder checks and share drafts cashed by that person.
(e) Violation of this section shall be deemed an unconscionable act as defined by K.S.A. 50-627, and amendments thereto.
(f) This section shall be a part of and supplemental to the Kansas consumer protection act.
- K.S.A. § 50-669a. Prohibiting the taking of personal information when using a credit card.
(a) No person, firm, partnership, association or corporation which accepts credit cards for the transaction of business shall require the cardholder, as a condition to accepting the credit card, to:
(1) Write any personal identification information upon the credit card transaction form or otherwise; or
(2) provide personal identification information, which the person, firm, partnership, association or corporation accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise.
(b) For purposes of this section, "personal identification information" means information concerning the cardholder, other than information set forth on the credit card, and including, but not limited to, the cardholder's address and telephone number. (c) Subsection (a) does not apply to personal identification information, required by the card issuer to complete the credit card transaction or for a special purpose incidental but related to the individual credit card transaction, including, but not limited to, information relating to shipping, delivery, servicing or installation of the purchased merchandise or for special orders. (d) Violation of this section shall be deemed an unconscionable act as defined by K.S.A. 50-627, and amendments thereto.
(e) This section shall be a part of and supplemental to the Kansas consumer protection act.
Maryland
- Md. Commerical Law Code Ann. § 13-317. Use of consumer identification information in connection with credit card payments
(a) Prohibition. -- Except as provided in subsection (b) of this section, as a condition of accepting a credit card or device as payment for
consumer credit, goods, realty, or services, a person may not record the address or telephone number of the credit card holder.
(b) Exceptions. -- A person may record the address or telephone number of a credit card holder if: (1) The information is necessary for:
(i) The shipping, delivery, or installation of consumer goods; or
(ii) Special orders of consumer goods or services;
(2) Authorization from the credit card issuer as to the availability of credit is not required by the issuer to complete the credit card
transaction; or
(3) The person processes credit card transactions by mailing transaction forms to a designated bankcard center for settlement.
(c) Request for identification. -- A person accepting a credit card or device as payment for consumer credit, goods, realty, or services may
request that the credit card holder display a form of identification.
- Md. Commercial Law Code Ann. § 13-318. Use of credit card information in connection with payment by check
(a) Definitions. --
(1) In this section, the following words have the meanings indicated.
(2) "Drawer" means the individual who makes or signs a check or other draft.
(3) "Draft" does not include a credit or debit card sales draft.
(b) Prohibitions. -- Subject to the provisions of subsection
(c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty, or services, a person may not request or record the account number of any credit card of the drawer of the check or other draft.
(c) Exceptions. -- The provisions of this section do not prohibit a person from:
(1) Requesting the drawer to display a credit card for purposes only of identification or credit worthiness;
(2) Requesting or recording the type or issuer of a credit card of the drawer; or
(3) Recording the number and expiration date of a credit card if the person requesting the information has agreed with the credit card issuer to cash checks as a service to the issuer's cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person.
Massachusetts
- ALM GL ch. 93, § 105. Credit Card and Check Transactions; Requiring Certain Personal Identification Information Prohibited; Exceptions; Violations.
(a) No person, firm, partnership, corporation or other business entity that accepts a credit card for a business transaction shall write, cause to be written or require that a credit card holder write personal identification information, not required by the credit card issuer, on the credit card transaction form. Personal identification information shall include, but shall not be limited to, a credit card holder's address or telephone number. The provisions of this section shall apply to all credit card transactions; provided, however, that the provisions of this section shall not be construed to prevent a person, firm, partnership, corporation or other business entity from requesting information is necessary for shipping, delivery or installation of purchased merchandise or services or for a warranty when such information is provided voluntarily by a credit card holder.
(b) No person, firm, partnership, corporation or other business entity accepting a check in any business or commercial transaction as payment in full or in part for goods or services shall do any of the following:
(1) Require, as a condition of acceptance of such check, that the person presenting such check provide a credit card number, or any personal identification information other than a name, address, motor vehicle operator license number or state identification card number of such person and telephone number, all of which may be recorded; provided, however, that the person, firm, partnership, corporation or other business entity accepting such check may verify the signature, name, and expiration date on a credit card; provided further, that in complying with a request to provide a telephone number, the person paying with a check may provide either a home telephone number or a telephone number where such person may be called during daytime hours.
(2) Require, as a condition of acceptance a check, or cause a person paying with such check to sign a statement agreeing to allow a credit card to be charged to cover the amount of such check.
(3) Contact a credit card issuer or otherwise access a credit card account balance to determine if the amount of any credit available to the person paying with a check will cover the amount of such check.
(4) Require, as a condition of acceptance of the check, that a person's credit card number be recorded in connection with any part of a transaction.
(5) Record on a check, or require a person paying with a check to record on such check, any information regarding the race of such person.
(c) Subsection (b) shall not prohibit any person from doing any of the following:
(1) requesting, receiving, or recording a credit card number in lieu of requiring a cash deposit to secure payment in event of default, loss, damage or other occurrence; or
(2) recording a credit card number and expiration date as a condition for cashing or accepting a check where such person has agreed with the card issuer to cash or accept checks from the issuer's card holders and where the issuer guarantees such card holder checks cashed or accepted by such person.
(d) Any violation of the provisions of this chapter shall be deemed to be an unfair and deceptive trade practice, as defined in section 2 of chapter 93A. An individual aggrieved by a violation of the provisions of this section may notify the office of consumer affairs and business regulation or the office of the attorney general. The executive office of consumer affairs is authorized to promulgate rules or regulations necessary to enforce the provisions of this section.
Michigan
- MCL § 600.2964. Social security or credit card number on check as condition of acceptance; requirement prohibited; exceptions; prima facie evidence of identity; violation; penalty; "sale at retail" defined.
(1) Except as provided in subsection (2), a person shall not require that a social security or credit card number be written on a check as a condition of acceptance of that check. As used in this section, "check" includes a draft, warrant, or any other instrument that authorizes the payment of money.
(2) This section does not prohibit any of the following:
(a) A credit granting institution from requiring its own account number to be recorded on a check.
(b) A governmental entity from requiring a person to record his or her social security number on a check made for a payment on a tax liability.
(c) A person that has agreed to accept a check from a credit card holder if the check is guaranteed by the credit card issuer from requiring the credit card number and the expiration date of the card to be recorded on the check.
(3) The following is prima facie evidence of the identity of the drawer of a check:
(a) The following drawer information if obtained from the drawer and recorded on the check:
(i) Name.(ii) Address.(iii) Home or work telephone number, if any.
(iv) Driver license number, state identification card number, or military identification card number.
(b) The signature of the drawer if witnessed and initialed by the person receiving the check.
(4) Except as provided in subsection (5), a person who violates this section is responsible for a state civil infraction punishable by a fine of not more than $500.00.
(5) In a sale at retail, it is the owner of the business that is liable for a violation under this section and is responsible for a state civil infraction punishable by a fine of not more than $500.00.
(6) As used in this section, "sale at retail" means a transaction by which ownership or leasing of tangible personal property is transferred or leased for consideration, if made in the ordinary course of business.
Minnesota
- Minn. Stat. § 325F.981. Check cashing practices
Subdivision 1. Provision of credit card number. A person shall not require as a condition of acceptance of a check, or as a means of identification, that the person presenting the check provide a credit card number.
Subd. 2. Display without recordation. Subdivision 1 does not prohibit a person from requesting the person presenting the check to display a credit card, but the only information concerning a credit card which may be recorded is the type and issuer of the credit card and the expiration date. Subdivision 1 does not require acceptance of a check whether or not a credit card is presented.
Subd. 3. Exception. A person may require production of and may record a credit card number as a condition for cashing a check only if: (1) the person requesting the card number has agreed with the issuer to cash or accept checks from the issuer's cardholders; (2) the issuer has agreed to guarantee cardholder checks cashed or accepted by that person; and (3) the cardholder has given actual, apparent, or implied authority for use of the card number in this manner and for this purpose.
- Minn. Stat. § 325F.982. Consumer identification information
Subdivision 1. Prohibited use. A person may not write down or request to be written down the address or telephone number of a credit cardholder on a credit card transaction form as a condition of accepting a credit card as payment for consumer credit, goods, or services.
Subd. 2. Exception. A person may record the address or telephone number of a credit cardholder if the information is necessary for the shipping, delivery, or installation of consumer goods, or special orders of consumer goods or services.
Nevada
- NRS § 597.940. Restrictions on recording of account number of credit card as condition to accepting check or draft; restrictions on recording of telephone number as condition to accepting credit card
1. Except as otherwise provided in this subsection, a business shall not, without the customer's consent, record the account number of any of a customer's credit cards on the customer's check or draft as a condition of accepting that check or draft. This subsection does not prohibit:
(a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, such as a
driver's license or identification card, as a condition of accepting a check or draft.
(b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the
only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the
date the card expires.
(c) The business from requesting the customer to record the account number of his credit card on the check or draft with which payment
on the credit card is being made.
(d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if:
(1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer;
(2) The issuer has agreed to guarantee any such check or draft so cashed; and
(3) The cardholder has given actual, apparent or implied authority for the use of his account number for this purpose.
2. Except as otherwise provided in this subsection, a business shall not, without the customer's consent, record a customer's telephone number on the credit card sales slip as a condition of accepting his credit card. This subsection does not:
(a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such
as the delivery, shipment, servicing or installation of the purchased merchandise.
(b) Apply to a transaction in which the customer receives a cash advance against his credit card or to a transaction involving the use of
preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction.
(c) Apply to a transaction in which the customer's purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto.
3. As used in this section, unless the context otherwise requires, "credit card" has the meaning ascribed to it in NRS 205.630.
New Hampshire
- RSA § 358-M:1. Provision of Credit Card Number or Expiration Date Not Required
I. A person shall not require as a condition of acceptance of a check or share draft, or as a means of identification, that the person presenting the check provide a credit card number or expiration date, or both.
II. This section shall not prohibit a person from requesting a purchaser to display a credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card. This section does not require acceptance of a check or share draft whether or not a credit card is presented.
III. This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both, in lieu of a deposit to secure payment in event of default, loss, damage, or other occurrence.
IV. No liability shall be imposed under this section on an employee acting in accordance with the directions of his employer.
New Jersey
a. No person who receives a check in payment of an obligation resulting from a consumer transaction or who cashes a check for a consumer and which as a condition of such acceptance or the cashing of a check requires that the check drawer provide a credit card or charge card, shall record on the check or elsewhere, the card account number. Nothing in this section shall be construed to prohibit any person, as a condition for the acceptance of a check in payment for a consumer transaction or the cashing of a check for a consumer from doing either or both of the following:
(1) Requesting a consumer to display a credit card or charge card as a means of identification, or as an indication of credit worthiness or financial responsibility;
(2) Recording on the check the type of credit card or charge card so displayed and the credit card or charge card expiration date.
b. Nothing in this section shall:
(1) Require any person to accept a check in payment for a consumer transaction or to cash a check for a consumer regardless of whether a credit card or charge card is displayed; or
(2) Prohibit a person from recording a credit card number and expiration date on a check as the condition for cashing or accepting that check where that person has agreed with the card issuer to cash or accept checks from the issuer's cardholders and where the issuer guarantees those cardholders' checks.
- N.J. Stat. § 56:11-17. Personal identification information not required for credit card transaction
No person which accepts a credit card for a consumer transaction shall require the credit card holder, as a condition of using a credit card in completing the consumer transaction, to provide for recordation on the credit card transaction form or any other form, any personal identification information that is not required by the issuer to complete the credit card transaction, including, but not limited to, the credit card holder's address or telephone number, or both; provided, however, that the credit card holder's telephone number may be required on a credit card transaction form if the credit card transaction is one for which the credit card issuer does not require authorization.
New York
- NY CLS Gen Bus § 520-a. Certain credit and debit card transaction forms required
1. Any person, firm, partnership, association or corporation which issues forms used for credit or debit card transactions between the credit card or debit card holder and seller, shall only issue such credit or debit card forms, except for such forms utilized for a special purpose incidental but related to the actual purchase and sale agreement including but not limited to shipping, delivery or installment of purchased merchandise or special orders, which:
a. are carbonless; or
b. after the transaction is complete, do not render a separate piece of paper, carbon or otherwise, which readily identifies the cardholder by name or number, other than those necessary for use by the seller, credit or debit card holder and issuer to complete the credit or debit card transaction.
2. Any person, firm, partnership, association or corporation which accepts credit or debit cards used for credit or debit card transactions between the credit card or debit card holder and seller, shall only use credit or debit card forms except for such forms utilized for a special purpose incidental but related to the actual purchase and sale agreement including but not limited to shipping, delivery or installment of purchased merchandise or special orders, which:
a. are carbonless; or
b. after the transaction is complete, do not render a separate piece of paper, carbon or otherwise, which readily identifies the cardholder by name or number, other than those necessary for use by the seller, credit card or debit card holder and issuer to complete the credit or debit card transaction. No person, firm, partnership, association or corporation which accepts credit or debit cards for the transaction of business shall be deemed to have violated the provisions of this subdivision, if such person, firm, partnership, association or corporation shows by a preponderance of evidence that the violation was not intentional and resulted from bona fide error made notwithstanding the maintenance of procedures reasonably adopted to avoid any such error.
3. No person, firm, partnership or corporation which accepts credit or debit cards for the transaction of business shall require the credit or debit card holder to write on the credit or debit card transaction form, nor shall it write or cause to be written on such form, any personal identification information, including but not limited to the credit or debit card holder's address or telephone number, that is not required by the credit or debit card issuer to complete the credit or debit card transaction; provided, however, that the credit or debit card holder's address and telephone number may be required on such form where (i) such information is necessary for shipping, delivery or installation of purchased merchandise or for special orders; (ii) authorization from the credit or debit card issuer as to the availability of credit is not required by the issuer to complete the credit or debit card transaction; or (iii) the person, firm, partnership or corporation processes credit or debit card transactions by mailing transaction forms to a designated bankcard center for settlement.
4. No person, firm, partnership, association or corporation which accepts a personal check, gift certificate, traveler's check or money order in payment for goods or services used or bought for use primarily for personal, family or household purposes, and which as a condition of such acceptance requires that the check drawer or redeemer of the gift certificate, traveler's check or money order provide a credit or charge card, shall record on such check, gift certificate, traveler's check or money order or elsewhere, the card account number. Nothing in this subdivision shall be construed to prohibit any person, firm, partnership, association or corporation, as a condition for the acceptance of a check, gift certificate, traveler's check or money order in payment for goods or services from: (i) requesting a purchaser to display a credit or charge card as a means of identification, or as an indication of credit worthiness or financial responsibility; or (ii) recording on the check, gift certificate, traveler's check or money order the type of credit or charge card so displayed and/or the credit or charge card expiration date; provided, further, that nothing in this subdivision shall require any business entity to accept a check, gift certificate, traveler's check or money order in payment for goods or services whether or not a credit or charge card is displayed.
5. A violation of subdivision one of this section shall be punishable by a civil fine not to exceed one thousand dollars. A violation of subdivision two, three, or four of this section, if such violation constitutes the first such offense by such person shall be punishable by a civil fine not to exceed two hundred fifty dollars. The second offense and any offense committed thereafter shall be punishable by a civil fine not to exceed one thousand dollars.
6. Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. In connection with any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
North Dakota
- N.D. Cent. Code, § 51-14.1-03. Acceptance of check not conditioned on disclosure of credit card number -- Use of credit card for identification allowed
A person may not require, as a condition of acceptance of a check or other draft, that the person presenting the check provide a credit card number; nor may the person accepting the check or other draft record the credit card number. A person may request the person presenting the check to display a credit card as evidence of creditworthiness or as additional identification; however, only information concerning the type and issuer of the credit card may be recorded.
Ohio
ORC Ann. 1349.17. Restrictions on recording credit card, telephone or social security numbers.
(A) No person shall record or cause to be recorded either of the following:
(1) A credit card account number of the other party to a transaction, when a check, bill of exchange, or other draft is presented for payment;
(2) The telephone number or social security account number of the other party to a transaction, when payment is made by credit card charge agreement, check, bill of exchange, or other draft.
(B) Division (A) of this section does not apply to a transaction, if all of the following conditions are met:
(1) The credit card account number, social security account number, or telephone number is recorded for a legitimate business purpose, including collection purposes. (2) The other party to the transaction consents to the recording of the credit card account number, social security account number, or telephone number.
(3) The credit card account number, social security account number, or telephone number that is recorded during the course of the transaction is not disclosed to any third party for any purposes other than collection purposes and is not used to market goods or services unrelated to the goods or services purchased in the transaction.
(C) Nothing in this section prohibits the recording of the number of a credit card account when given in lieu of a deposit to secure payment in the event of default, loss, damage, or other occurrence, or requires a person to accept a check presented for payment, if the other party to the transaction refuses to consent to the recording of the number of the party's social security account or license to operate a motor vehicle.
Oregon
- ORS § 646.892. Requiring credit card number as condition for accepting check or share draft prohibited; exceptions.
(1) A person shall not require as a condition of acceptance of a check or share draft, or as a means of identification, that the person presenting the check or share draft provide a credit card number or expiration date, or both, unless the credit is issued by the person requiring the information.
(2) Subsection (1) of this section shall not prohibit a person from:
(a) Requesting a person presenting a check or share draft to display a credit card as indicia of creditworthiness and financial responsibility or as a source of additional identification;
(b) Recording the type of credit card and the issuer of the credit card displayed by the person under paragraph (a) of this subsection;
(c) Requesting or receiving a credit card number or expiration date, or both, and recording the number or date, or both, in lieu of a security deposit to assure payment in event of default, loss, damage or other occurrence;
(d) Recording a credit card number or expiration date, or both, as a condition for acceptance of a check or share draft where the card issuer guarantees checks or share drafts presented by the cardholder upon the condition that the person to whom the check is presented records the card number or expiration date, or both, on the check or share draft;
(e) Requesting and recording the name, address, motor vehicle operator license number or state identification card number and telephone number of a person offering payment by check; or
(f) Verifying the signature, name and expiration date on a credit card.
(3) This section does not require acceptance of a check or share draft whether or not a credit card is presented.
(4) For purposes of this section, "person" means any individual, corporation, partnership or association.
- ORS § 646.894. Requiring personal information not required by credit card issuer prohibited in credit card business transaction; exceptions.
(1) A person that accepts a credit card for a business transaction shall not write or cause to be written or require that a credit card holder write on a credit card transaction form any personal information not required by the credit card issuer.(2) This section shall not be construed to prevent a person from requesting information necessary for shipping, delivery or installation of purchased goods or services, or for warranty when the information is provided voluntarily by a credit card holder.
646.894 Verification of identity in credit or debit card transactions.
(1) A merchant that accepts a credit card or debit card for a transaction may require that the credit card or debit card holder provide personal information, other than the personal information that appears on the face of the credit card or debit card, for the purposes of verification of the card holder's identity. The merchant may not write the information on the credit card or debit card transaction form.
(2) This section may not be construed to prevent a merchant from requesting and keeping in written form information necessary for shipping, delivery or installation of purchased goods or services, or for warranty when the information is provided voluntarily by a credit card or debit card holder.
(3) Any provision in a contract between a merchant and a credit card or debit card issuer, financial institution or other person that prohibits the merchant from verifying the identity of a person who presents a credit card or debit card in payment for goods or services by requiring or requesting identification is contrary to public policy and void.
(4) Nothing in this section may be construed to:
(a) Compel a merchant to verify the identity of a person who presents a credit card or debit card in payment for goods or services; or
(b) Interfere with the ability of a merchant to make and enforce policies regarding verification of the identity of a person who presents a credit card or debit card in payment for goods or services.
(5) As used in this section, "merchant" means a person who, in the ordinary course of that person's business, permits persons to present credit cards or debit cards in payment for goods or services. [1993 c.58 §2; 2003 c.312 §1]
Pennsylvania
- 69 P.S. § 2602. Requirement of information prohibited
(a) GENERAL RULE.--NO PERSON WHO ACCEPTS CREDIT CARDS FOR THE TRANSACTION OF BUSINESS SHALL REQUIRE THE CREDIT CARDHOLDER TO WRITE ON THE CREDIT CARD TRANSACTION FORM, NOR SHALL THE PERSON WRITE OR CAUSE TO BE WRITTEN ON THE FORM, ANY PERSONAL IDENTIFICATION INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE CREDIT CARDHOLDER'S ADDRESS OR TELEPHONE NUMBER, THAT IS NOT REQUIRED BY THE CREDIT CARD ISSUER TO COMPLETE THE CREDIT CARD TRANSACTION, PROVIDED, HOWEVER, THAT THE CREDIT CARDHOLDER'S ADDRESS AND TELEPHONE NUMBER MAY BE REQUIRED ON THE FORM WHERE:
(1) the information is necessary for shipping, delivery or installation of purchased merchandise, warranties or service
maintenance agreements, or for special orders;
(2) the person processes credit card transactions by mailing transaction forms to a designated bankcard center for
settlement; or
(3) the information is necessary to comply with Federal or State law or regulations adopted pursuant thereto.
(b) CHECKS.--NO PERSON SHALL, AS A CONDITION OF ACCEPTANCE OF A CHECK FOR THE PURCHASE OF GOODS OR SERVICES, AS A MEANS OF IDENTIFICATION OR FOR ANY OTHER PURPOSE, REQUIRE THAT A PERSON PRESENTING A CHECK PRODUCE A CREDIT CARD NUMBER FOR RECORDATION. NO PERSON SHALL RECORD A CREDIT CARD NUMBER IN CONNECTION WITH:
(1) a sale of goods or services in which a purchaser pays by check; or
(2) the acceptance of a check.
(c) GUARANTEED CHECKS.--A CREDIT CARD NUMBER MAY BE REQUESTED AND RECORDED AS A CONDITION FOR CASHING A CHECK WHERE PAYMENT OF THE CHECK IS BEING GUARANTEED BY THE CREDIT CARD ISSUER AND ALL OF THE FOLLOWING CONDITIONS ARE MET:
(1) the person requesting the card has agreed with the issuer to cash checks as a service to the issuer's cardholders;
(2) the issuer has agreed to guarantee cardholder checks cashed by that person; and
(3) the cardholder has given actual, apparent or implied authority for use of his card number in this manner and for this
purpose.
(d) CONSTRUCTION OF SECTION.--THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT A PERSON FROM REQUESTING A PURCHASER TO DISPLAY A CREDIT CARD AS IDENTIFICATION. THE ONLY INFORMATION CONCERNING A CREDIT CARD WHICH MAY BE RECORDED WHEN A CREDIT CARD IS BEING USED AS IDENTIFICATION AND THE CREDIT CARD ISSUER IS NOT GUARANTEEING PAYMENT IS THE TYPE, THE ISSUER AND THE EXPIRATION DATE OF THE CREDIT CARD. A CREDIT CARD NUMBER MAY BE REQUESTED AND RECORDED AS A CONDITION FOR CASHING A CHECK WHERE THE CREDIT CARD WAS ISSUED BY THE PERSON ACCEPTING THE CHECK. THIS SECTION DOES NOT REQUIRE ACCEPTANCE OF A CHECK WHETHER OR NOT A CREDIT CARD IS PRESENTED.
Rhode Island
- R.I. Gen. Laws § 6-13-15. Prohibition against recording credit card or social security numbers on checks
It shall be unlawful, during a sale at retail of any goods or merchandise, to record any credit card or social security number obtained from a purchaser as a means of identification upon the check of the purchaser tendered for the sale. Any person, firm or corporation that shall violate the provisions of this section shall be punished by a fine of not more than one hundred dollars ($ 100). This section does not prohibit any person from requesting production of, or recording, a credit card number as a condition for cashing or accepting a check, provided the person has agreed with the credit card issuer to cash or accept checks from card holders of the issuer, the issuer has agreed to guarantee card holder checks cashed or accepted by that person, and the card holder has given actual, apparent, or implied authority for the use of his or her card number in the manner and for the purpose described in this section.
- R.I. Gen. Laws § 6-13-16. Prohibition against recording personal information in credit card transactions
(a) No person, firm, partnership or corporation which accepts credit cards for the transaction of business shall require the credit card holder to write or cause to be written on a transaction form any personal identification information, including, but not limited to, the credit card holder's address or telephone number, that is not required by the credit card issuer to complete the credit card transactions.
(b) The credit card holder's address and telephone number may be required on a transaction form where:
(1) this information is necessary for shipping, delivery, installation of purchased merchandise, consumer rental transactions, warranty, or for special orders;
(2) authorization from the credit card issuer as to the availability of credit is required by the issuer to complete the credit card transaction; or
(3) the person, firm, partnership, or corporation processes credit card transactions by mailing transaction forms to the designated bankcard center for settlement.
(c) This section shall not preclude a person, firm, partnership or corporation that accepts credit cards from requesting this personal identification and recording it, if it is provided by the card holder pursuant to that request.
(d) Any person, firm, partnership or corporation who shall violate the provisions of this section shall be punished by a fine of not more than one hundred dollars ($ 100).
- R.I. Gen. Laws § 6-13-17. Requiring consumers to furnish social security numbers.
(a) Unless otherwise required by federal law, no person shall require that a consumer of goods or services disclose a social security number incident to the sale of consumer goods or services; provided, however, that:
(1) Insurance companies and institutions licensed by the state or federal government for financial services may require applicants for those services to disclose their social security number;
(2) Social security numbers may be required for the providing and billing of health care or pharmaceutical-related services, including the issuance of identification cards and account numbers for users of health care or pharmaceutical-related services; and
(3) Disclosure may be required of a consumer as a condition of applying for a credit card for the purchase of goods or services.
(b) Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than five hundred dollars ($500).
(c) In any civil action alleging a violation of this section, the court may award damages, reasonable attorney's fees, and costs to a prevailing consumer, and afford injunctive relief against any person or business that commits or proposes to commit a violation of this section.
Tennessee
- Tenn. Code Ann. § 47-22-104. Payment by check -- Identification -- Use of credit card information -- When prohibited -- When permissible --
Damages
(a) As used in this section, "person" means any individual, corporation, partnership or association. (b) Except as otherwise provided in subsection (e), no person shall, as a means of identification or for any other purpose, require that a
person produce a credit card number for recordation or record a credit card number in connection with:
(1) A sale of goods or services in which a purchaser pays by check; or
(2) The acceptance of a check.
(c) A person aggrieved by a violation of this section shall be entitled to institute an action to recover such person's actual damages or one hundred dollars ($ 100), whichever is greater. Such action shall be brought in the general sessions or circuit court, whichever is
appropriate, of the county wherein the defendant resides or has a place of business. In the event the aggrieved party prevails, such party
may be awarded reasonable attorney's fees and court costs in addition to any damages awarded.
(d) This section shall not be construed to:
(1) Impose liability on any employee or agent of a person, where that employee or agent has acted in accordance with the directions of
such employee's or agent's employer;
(2) Prohibit a person from requesting a purchaser to display a credit card as an indication of creditworthiness or financial responsibility or
as identification, and in these instances the type, the issuer, and the expiration date of the credit card may be recorded; or
(3) Require acceptance of a check, whether or not a credit card is presented.
(e) A person may require production of and may record a credit card number as a condition for cashing or accepting a check only where:
(1) The person requesting the card number has agreed with the issuer of the card to cash checks as a service to the issuer's cardholders;
(2) The issuer of the card has agreed to guarantee cardholder checks cashed by that person; or (3) The cardholder has given actual, apparent or implied authority for use of such cardholder's card number in this manner and for this
purpose.
Virginia
A. As used in this section, the term "person" means any individual, corporation, partnership, or association.
B. Except as otherwise provided in subsection E, no person shall, as a means of identification or for any other purpose, require that a person produce a credit card number for recordation or record a credit card number in connection with (i) a sale of goods or services in which a purchaser pays by check or (ii) the acceptance of a check.
C. A person aggrieved by a violation of this section shall be entitled to institute an action to recover his actual damages or $ 100, whichever is greater, and to injunctive relief against any person who has engaged, is engaged, or is about to engage in any act in violation of this section. Such action shall be brought in the general district or circuit court, whichever is appropriate, of any county or city wherein the defendant resides or has a place of business. In the event the aggrieved party prevails, he may be awarded reasonable attorney's fees and court costs in addition to any damages awarded.
D. This section shall not be construed to (i) impose liability on any employee or agent of a person, where that employee or agent has acted in accordance with the directions of his employer, (ii) prohibit a person from requesting a purchaser to display a credit card as an indication of creditworthiness or financial responsibility or as identification, and in these instances the type, the issuer, and the expiration date of the credit card may be recorded, or (iii) require acceptance of a check, whether or not a credit card is presented.
E. A person may require production of and may record a credit card number as a condition for cashing a check only where (i) the person requesting the card number has agreed with the issuer to cash checks as a service to the issuer's cardholders, (ii) the issuer has agreed to guarantee cardholder checks cashed by that person, and (iii) the cardholder has given actual, apparent, or implied authority for use of his card number in this manner and for this purpose.
Washington D.C.
(a) No person shall imprint the information contained on a drawer's credit card or other form of identification on the face or on the back of a check used as payment for goods or services, nor shall any person record in any manner the number of a drawer's credit card or other form of identification as a condition to accepting a check as payment for the sale of goods or services. Nothing herein shall be deemed to prohibit a person from requesting, but not requiring, that a drawer voluntarily display a credit card or other form of identification as an additional form of identification, provided that the only information recorded concerning the credit card or other form of identification is the type of credit card or other form of identification so displayed and its expiration date where applicable.
(b) Where a second form of identification is requested, the merchant must inform the purchaser of the range of acceptable second forms of identification and post a listing of the range of acceptable second forms of identification in at least one location clearly visible to the purchaser within the merchant's place of business.
(a) Except as provided in subsection (b) of this section, no person shall, as a condition of accepting a credit card as payment for a sale of goods or services, request or record the address or telephone number of a credit card holder on the credit card transaction form.
(b) A person may record the address or telephone number of a credit card holder if the information is necessary for the shipment, delivery, or installation of consumer goods, or special orders of consumer goods or services.
Washington State
- Rev. Code Wash. (ARCW) § 62A.3-512. Credit cards -- As identification -- In lieu of deposit
A person may not record the number of a credit card given as identification under *RCW 62A.3-501(a)(2) or given as proof of credit worthiness when payment for goods or services is made by check or draft. Nothing in this section prohibits the recording of the number of a credit card given in lieu of a deposit to secure payment in the event of a default, loss, damage, or other occurrence.
Wisconsin
- Wis. Stat. § 423.401. Credit card identification information
(1) LIMITATION. Except as provided in sub. (2), a merchant may not record a customers address, telephone number or any other identification information as a condition for accepting a credit card as payment for a consumer credit transaction.
(2) EXCEPTIONS. A merchant may record a customers address or telephone number if any of the following conditions exists:
(a) The credit card issuer does not require the merchant to obtain from the issuer prior authorization as to the availability of credit in order to complete the credit card transaction.
(b) The merchant requires the information for shipping, delivery, service orders or installation purposes or to notify the customer of a special order.
(3) REMEDIES. Whoever violates this section is subject to the remedies and penalties under s. 425.303.
(1) LIMITATION. Except as provided in sub. (4), a merchant may not request or record a customers credit card number as a condition for accepting a check or share draft as payment for a consumer transaction.
(2) CREDIT CARD DISPLAY. If a customer pays for a consumer transaction by check or share draft, a merchant may request a customer to display a credit card as an indication of the customers financial responsibility or as additional identification, but the merchant may not record any information except the type of credit card displayed and the credit card expiration date.
(3) CHECK ACCEPTANCE. This section does not require a merchant to accept a check or share draft as payment for a consumer transaction, whether or not a credit card is displayed.
(4) EXCEPTION. A merchant may request and record a customer credit card number as a condition for accepting a check or share draft if all of the following conditions are met:
(a) The merchant has contracted with the card issuer of the requested credit card to cash or accept a check or share draft presented by a holder of the requested credit card.
(b) The card issuer of the requested credit card has contracted with the merchant to guarantee a check or share draft presented to the merchant by a holder of the requested credit card.
(5) REMEDIES. Whoever violates this section is subject to the remedies and penalties under s. 425.303.
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