Pennsylvania Act 1992-36 — CREDIT CARD INFORMATION ACT

Act text

CREDIT CARD INFORMATION ACT
                  Act of May 21, 1992, P.L. 241, No. 36               Cl. 12
                                  AN ACT

     Prohibiting persons who accept credit cards for the transaction
        of business from requiring certain additional information
        from the credit cardholder; providing for enforcement of the
        act; and imposing civil penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Credit card."  A device or instrument which entitles the
     holder to obtain money, goods, services or anything of value on
     credit.
        "Person."  An individual, corporation, trust, partnership,
     limited partnership, incorporated or unincorporated association
     or other entity.
     Section 2.  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.
     Section 3.  Injunctive relief.
        Whenever the Attorney General or a district attorney has
     reason to believe that any person is violating or is about to
     violate section 2 and that proceedings would be in the public
     interest, the Attorney General or a district attorney may bring
     an action in the name of the Commonwealth against the person to
     restrain, by temporary or permanent injunction, violations of
     section 2.
     Section 4.  Assurances of voluntary compliance.
        In the administration of this act, the Attorney General may
     accept an assurance of voluntary compliance with respect to any
     method, act or practice deemed to be violative of this act from
     any person who has engaged or was about to engage in the method,
     act or practice. Any assurance shall be in writing and be filed
     with the court. The assurance of voluntary compliance shall not
     be considered an admission of violation for any purpose. Matters
     thus closed may at any time be reopened by the Attorney General
     for further proceedings in the public interest, pursuant to
     section 3.
     Section 5.  Civil penalties.
        (a)  Violation of injunction.--Any person who violates the
     terms of an injunction issued under section 3 or any of the
     terms of an assurance of voluntary compliance duly filed in
     court under section 4 shall forfeit and pay to the Commonwealth
     a civil penalty of not more than $250 for the first offense and
     $1,000 for the second or any subsequent offense. For the purpose
     of this section, the court issuing an injunction or in which an
     assurance of voluntary compliance is filed shall retain
     jurisdiction and the cause shall be continued, and, in such
     cases, the Attorney General or the appropriate district
     attorney, acting in the name of the Commonwealth, may petition
     for recovery of civil penalties and any other equitable relief
     deemed needed or proper.
        (b)  Willful violations of act.--In any action brought under
     section 3, if the court finds that a person is willfully using
     or has willfully used a method, act or practice declared
     unlawful by section 2, the Attorney General or the appropriate
     district attorney, acting in the name of the Commonwealth, may
     recover, on behalf of the Commonwealth, a civil penalty not
     exceeding $200 per violation, which civil penalty shall be in
     addition to other relief which may be granted under this act.
     Section 6.  Effective date.
        This act shall take effect in 60 days.