6.2-429 - (Effective October 1, 2010) Improper use of payment device numbers.
§ 6.2-429. (Effective October 1, 2010) Improper use of payment device numbers.
A. No person that accepts payment devices for any purpose shall print on anyreceipt provided to the holder of the payment device (i) more than the lastfour digits of the payment device number or (ii) the expiration date.
B. For transactions in which the sole means of recording the person's paymentdevice number is by handwriting or by an imprint or copy of the paymentdevice, no receipt, other than the one original, shall display theinformation prohibited in subsection A. Returning all copies, includingcarbons, that do not comply with this section, to the payment device holderor authorized user or destroying such copies and carbons in front of thepayment device holder or authorized user shall constitute compliance withthis section.
C. The provisions of this section shall apply to all cash registers or othermachines or devices that electronically print receipts for payment devicetransactions that are placed in service on or after July 1, 2003.
D. For all cash registers or other machines or devices that electronicallyprint receipts for payment device transactions in service prior to July 1,2003, the provisions of this subsection shall not apply until July 1, 2005.
E. Any person violating this section (i) shall be liable to the paymentdevice holder and the issuer for any damages or expenses, or both, includingattorney fees, that the payment device holder incurs due to the use of thepayment device without the permission of the payment device holder and (ii)may be compelled, in a proceeding instituted in any appropriate court by theattorney for the Commonwealth, to comply with this section by injunction,mandamus, or other appropriate remedy. Without limiting the remediesauthorized by this section in a proceeding instituted by the attorney for theCommonwealth, any person failing, neglecting, or refusing to obey anyinjunction, mandamus, or other remedy obtained pursuant to this section,shall be subject, in the discretion of the court, to a civil penalty not toexceed $1,000 for each violation.
(2002, c. 744, § 11-33.2; 2004, c. 793; 2009, c. 373; 2010, c. 794.)