Sec. 42-371. Consumer discount cards. Definitions. Notice. Prohibited and permitted uses of consumer information. Violations.
Sec. 42-371. Consumer discount cards. Definitions. Notice. Prohibited and
permitted uses of consumer information. Violations. (a) As used in this section:
(1) "Retailer" means any person who sells goods used primarily for personal, family
or household purposes to a person who is not in the business of reselling such goods;
(2) "Discount card or device" means any card or device issued by a retailer to a
consumer, that the consumer may use to obtain a discount when making purchases from
the retailer, including, but not limited to, a scanner card;
(3) "Consumer" means an individual who is an actual or prospective purchaser of
goods used primarily for personal, family or household purposes; and
(4) "Consumer information" means information that identifies a consumer and that
is obtained by a retailer from the consumer's use of a discount card or device issued by
the retailer in the course of the retailer's business.
(b) No retailer who issues, or has issued, a discount card or device in this state to
a consumer may sell, lease or relinquish to any other person, firm or corporation any
consumer information, unless (1) the retailer provides reasonable prior written notice
to the consumer, (2) the retailer provides the consumer with the option, at the time the
consumer applies for the discount card or device or at the time the consumer receives
an unsolicited discount card or device, of preventing the retailer from selling, leasing
or relinquishing such information, and (3) the consumer does not exercise such option
to prevent the retailer from selling, leasing or relinquishing such information.
(c) Such notice shall (1) state that information identifying the consumer may be
sold, leased or relinquished to other persons, firms or corporations, (2) describe the
purposes for which such information would be used, and (3) include a form the consumer
may use to prevent the retailer from selling, leasing or relinquishing such information.
(d) Nothing in this section shall be construed to supersede the federal Fair Credit
Reporting Act (15 USC 1681 et seq.).
(e) The provisions of this section do not apply to the sale, lease or relinquishing of
consumer information by a retailer to another person, firm or corporation that directly
or through one or more intermediaries, controls, or is controlled by, or is under common
control with, such retailer.
(f) Notwithstanding the provisions of subsection (b) of this section, a retailer may
relinquish consumer information to (1) a credit rating agency, as defined in section 36a-695, or a consumer reporting agency, as defined in 15 USC 1681 et seq., provided such
information may be relinquished only if the discount card or device also functions as a
credit card, as defined in section 53a-128a, (2) a person, firm or corporation performing
or providing services used for the delivery of such retailer's promotional offers, or (3)
a person, firm or corporation performing or providing services used for the delivery of
such retailer's billing statements.
(g) Any violation of any provision of this section shall be deemed an unfair or
deceptive trade practice under subsection (a) of section 42-110b.
(P.A. 00-100.)