Chapter 238
2004 -- H 7135
SUBSTITUTE B AS AMENDED
Enacted 07/01/04
A N A C T
RELATING
TO DISTRIBUTION OF CREDIT CARDS
Introduced
By: Representatives Gallison, San Bento, Carter, Lewiss, and Anguilla
Date
Introduced: January 13, 2004
It
is enacted by the General Assembly as follows:
SECTION
1. Chapter 6-30 of the General Laws entitled "Distribution of Credit
Cards" is
hereby
amended by adding thereto the following section:
6-30-6.
Credit card transactions -- Printing of accounting numbers on receipts. –
(a)
As
used in this section, the following terms shall have the following meanings:
(1)
“Cardholder” means the person named on the face of a credit card to whom or for
whose
benefit the credit card is issued by an issuer and shall include any employee
or other agent
or
authorized user of the card;
(2)
“Credit card” shall be defined as stated in section 6-30-2;
(3)
“Issuer” means the financial institution or other business organization which
issues a
credit
card or its duly authorized agent;
(4)
“Person” means an individual or corporation, partnership, trust, association,
joint
venture
pool, syndicate, sole proprietorship, unincorporated organization, or any other
legal
entity;
and
(5)
“Provider” means a person who furnishes money, goods, services, or anything
else of
value
upon presentation, whether physically, in writing, verbally, electronically or
otherwise of a
credit
card by the cardholder, or any agent or employee of such person.
(b)
Except as otherwise provided in this section, no provider shall print or
otherwise
produce
or reproduce, or permit the printing or other production or reproduction of
either of the
following:
(1)
Any part of the credit card account number, other than the last five (5) digits
or other
characters
on any receipt provided or made available to the cardholder; or
(2)
The credit card expiration date on any receipt provided or made available to
the
cardholder.
(c)
This section shall not apply to a credit card transaction in which the sole
means
available
to the provider of recording the credit card account number is by handwriting
or by
imprint
of the card.
(d)
This section shall not apply to receipts issued for transactions on the
electronic
benefits
transfer card system.
(e)
Any cardholder, whose credit card has been the subject of a violation of this
section,
or
the issuer of such a card, may bring a civil action in the superior court
against the provider who
violated
the provisions of this section to recover or obtain one or all of the following
remedies:
(1)
Damages or expenses, or both, which the cardholder or issuer incurred due to
the
provider's
violation of this section;
(2)
Court costs, including reasonable attorneys' fees;
(3)
Injunctive or equitable relief, as appropriate; and
(4)
Any other relief the court deems proper.
(f)
The provisions of this section shall become effective on January 1, 2007, with
respect
to
any cash register or other machine or device that electronically prints
receipts for credit card
transactions
that is in use prior to January 1, 2005.
(g)
The provisions of this section shall become effective on January 1, 2005, with
respect
to
any cash register or other machine or device that electronically prints
receipts for credit card
transactions
that is first put into use on or after January 1, 2005.
SECTION
2. This act shall take effect upon passage.
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LC00022/SUB
B
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