Fact Sheet 15 Addendum:
State Merchant Laws
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Privacy Rights Clearinghouse
The following state laws involve what merchants can and cannot do when you pay by check or credit card. This is not necessarily a complete list.
California Michigan Pennsylvania Delaware Minnesota Rhode Island Florida Nevada Tennessee Georgia New Hampshire Virginia Illinois New Jersey Washington D.C. Iowa New York Washington State Kansas North Dakota Wisconsin Maryland Ohio Massachusetts Oregon
California Civil Code § 1725. Prohibition against requiring credit card as condition of acceptance of negotiable instrument
- California Civil Code § 1747.08. Requiring identification information as condition of acceptance
- 11 Del. C. § 915. Use of credit card information
11 Del. C. § 914. Use of consumer identification information
- Fla. Stat. § 832.075. Requiring credit card information for check or draft acceptance prohibited
- O.C.G.A. § 10-1-393.3. Prohibited use of purchaser's credit card information by merchant
§ 810 ILCS 5/3-505A. Provision of credit card number as a condition of check cashing or acceptance prohibited
- Iowa Code § 537.8101. Provision of credit card number as condition of check cashing or acceptance prohibited.
- K.S.A. § 50-669. Required presentation of credit card when writing a check; exceptions.
- K.S.A. § 50-669a. Prohibiting the taking of personal information when using a credit card.
- Md. Commerical Law Code Ann. § 13-317. Use of consumer identification information in connection with credit card payments
- Md. Commercial Law Code Ann. § 13-318. Use of credit card information in connection with payment by check
- ALM GL ch. 93, § 105. Credit Card and Check Transactions; Requiring Certain Personal Identification Information Prohibited; Exceptions; Violations.
- 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.
- Minn. Stat. § 325F.981. Check cashing practices
- Minn. Stat. § 325F.982. Consumer identification information
- 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
- RSA § 358-M:1. Provision of Credit Card Number or Expiration Date Not Required
N.J. Stat. § 56:11-21. Acceptance of checks for consumer transactions; cashing checks
- N.J. Stat. § 56:11-17. Personal identification information not required for credit card transaction
- NY CLS Gen Bus § 520-a. Certain credit and debit card transaction forms required
- 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
- ORC Ann. 1349.17. Restrictions on recording credit card, telephone or social security numbers.
- ORS § 646.892. Requiring credit card number as condition for accepting check or share draft prohibited; exceptions.http://www.leg.state.or.us/95reg/measures/sb0800.dir/sb0894.en.html
- ORS § 646.894. Requiring personal information not required by credit card issuer prohibited in credit card business transaction; exceptions.
- 646.894 Verification of identity in credit or debit card transactions.
- 69 P.S. § 2602. Requirement of information prohibited
- R.I. Gen. Laws § 6-13-15. Prohibition against recording credit card or social security numbers on checks
- R.I. Gen. Laws § 6-13-16. Prohibition against recording personal information in credit card transactions
- R.I. Gen. Laws § 6-13-17. Requiring consumers to furnish social security numbers.
- Tenn. Code Ann. § 47-22-104. Payment by check -- Identification -- Use of credit card information -- When prohibited -- When permissible -- Damages
Va. Code Ann. § 11-33.1. Production of credit card number as condition of check cashing or acceptance prohibited
D.C. Code § 47-3152. Use of credit card information in connection with payment by check
D.C. Code § 47-3153. Use of consumer identification information in connection with credit card payments
- Rev. Code Wash. (ARCW) § 62A.3-512. Credit cards -- As identification -- In lieu of deposit
- Wis. Stat. § 423.401. Credit card identification information http://www.legis.state.wi.us/statutes/Stat0423.pdf
- Wis. Stat. § 423.402. Check identification information.
We acknowledge the assistance of legal intern Aaron Budd
for his research in updating this guide (2010).
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