10 §1149. Electronically printed credit card and debit card receipts

Title 10: COMMERCE AND TRADE

Part 3: REGULATION OF TRADE

Chapter 202-D: CREDIT CARD AND DEBIT CARD RECEIPTS (HEADING: PL 2001, C. 527, §1 (NEW))

§1149. Electronically printed credit card and debit card receipts

1. Electronically printed receipts. Except as provided in this section, a person, firm, partnership, association, corporation or limited liability company that accepts credit cards or debit cards for the transaction of business may not print more than the last 5 digits of the credit card or debit card account number or the expiration date of the credit card or debit card on a receipt provided to a cardholder at the point of sale of the transaction.

[ 2003, c. 586, §1 (AMD); 2003, c. 586, §3 (AFF) .]

2. Exception. This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card.

[ 2001, c. 527, §1 (NEW) .]

3. Forfeiture; civil penalty. A person, firm, partnership, association, corporation or limited liability company that violates this section is subject to a forfeiture not to exceed $250 for the first violation and a civil penalty of $1,000 for each subsequent violation. A forfeiture or civil penalty may not be assessed for a violation of this section if the person, firm, partnership, association, corporation or limited liability company demonstrates by a preponderance of the evidence that the defendant has adopted procedures reasonably designed to avoid errors and that the violation was unintentional and resulted from a bona fide error.

[ 2001, c. 527, §1 (NEW) .]

3-A. Absolved from forfeiture and civil penalty. Until January 1, 2005, a person who violates this section is absolved from civil prosecution or forfeitures and civil penalties associated with any such violation occurring before that date.

[ 2003, c. 586, §2 (NEW); 2003, c. 586, §3 (AFF) .]

4. Effective date. This section takes effect January 1, 2004.

[ 2001, c. 527, §1 (NEW) .]

SECTION HISTORY

2001, c. 527, §1 (NEW). 2003, c. 586, §§1,2 (AMD). 2003, c. 586, §3 (AFF).