51-14.1 Credit Cards

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CHAPTER 51-14.1CREDIT CARDS51-14.1-01. Definition of credit cards and other terms and imposition of liability oncardholder. In this chapter, unless the context otherwise requires:1.&quot;Accepted credit card&quot; means any credit card which the cardholder has requested in<br>writing or has signed or has used, or authorized another to use, for the purpose of<br>obtaining money, property, labor, or services on credit. A renewal credit card must<br>be deemed to be accepted if it is issued within one year after a prior card has been<br>paid for or used. A credit card issued in connection with a merger, acquisition, or the<br>like of card issuers or credit card services in substitution for an accepted credit card<br>must be deemed to be an accepted credit card.2.&quot;Adequate notice&quot; means a writing which is conspicuous and which is printed on the<br>credit card or on each periodic statement.3.&quot;Card issuer&quot; means any person who issues a credit card.4.&quot;Cardholder&quot; means any person to whom a credit card is issued or any person who<br>has agreed with the card issuer to pay obligations arising from the issuance of a<br>credit card to another person.5.&quot;Conspicuous&quot; means any term or clause which is so written that a reasonable<br>person against whom it is to operate ought to have noticed it.6.&quot;Credit card&quot; means any card, plate, coupon book, or other credit device existing for<br>the purpose of obtaining money, property, labor, or services on credit.7.&quot;Unauthorized use&quot; means a use of a credit card by a person other than the<br>cardholder who does not have actual, implied, or apparent authority for such use<br>and from which the cardholder receives no benefit.51-14.1-02. Liability of cardholder. A provision imposing liability on a cardholder forthe unauthorized use of a credit card is effective only if the card is an accepted credit card, the<br>liability imposed is not in excess of one hundred dollars, the card issuer gives adequate notice to<br>the cardholder of the potential liability, and the unauthorized use occurs before the cardholder<br>has notified the card issuer of the loss or theft of the card or of any unauthorized use.Except as hereinbefore provided, a cardholder incurs no liability from the unauthorizeduse of either an accepted or an unaccepted credit card.51-14.1-03.Acceptance of check not conditioned on disclosure of credit cardnumber - Use of credit card for identification allowed.A person may not require, as acondition of acceptance of a check or other draft, that the person presenting the check provide a<br>credit card number; nor may the person accepting the check or other draft record the credit card<br>number. A person may request the person presenting the check to display a credit card as<br>evidence of creditworthiness or as additional identification; however, only information concerning<br>the type and issuer of the credit card may be recorded.51-14.1-04. Use of credit card when issuer guarantees cardholder checks allowed.Sections 51-14.1-03 through 51-14.1-05 do not prohibit a person from recording a credit card<br>number as a condition for cashing or accepting the check or other draft when that person has<br>agreed with the card issuer to cash or accept checks or other drafts from the issuer's cardholders<br>and the issuer guarantees cardholder checks or other drafts cashed or accepted by that person.51-14.1-05.Penalty.Any person who violates any provision of sections 51-14.1-03through 51-14.1-05 is guilty of an infraction.Page No. 1Document Outlinechapter 51-14.1 credit cards