570.135. Fraudulent procurement of a credit or debit card--penalty--limitation of liability--personal identifying information, defined.
Fraudulent procurement of a credit or debit card--penalty--limitationof liability--personal identifying information, defined.
570.135. 1. No person shall knowingly make or cause to be made,directly or indirectly, a false statement regarding another person for thepurpose of fraudulently procuring the issuance of a credit card or debitcard.
2. No person shall willfully obtain personal identifying informationof another person without the authorization of that person and use thatinformation fraudulently to obtain, or attempt to obtain, credit, goods orservices in the name of the other person without the consent of thatperson.
3. Any person who violates the provisions of subsection 1 or 2 ofthis section is guilty of a class A misdemeanor.
4. As used in this section, "personal identifying information" meansthe name, address, telephone number, driver's license number, SocialSecurity number, place of employment, employee identification number,mother's maiden name, demand deposit account number, savings account numberor credit card number of a person.
5. Notwithstanding subsections 1 to 4 of this section, nocorporation, proprietorship, partnership, limited liability company,limited liability partnership or other business entity shall be liableunder this section for accepting applications for credit cards or debitcards or for the credit cards or debit cards in any credit or debittransaction, absent clear and convincing evidence that such business entityconspired with or was a part of the fraudulent procuring of the issuance ofa credit card or debit card.
(L. 1999 S.B. 386 § 2)