Chapter 04-211

2004 -- S 2105 SUBSTITUTE A AS AMENDED

Enacted 06/30/04

A N A C T

RELATING TO DISTRIBUTION OF CREDIT CARDS

Introduced By: Senators Cote, Walaska, and Tassoni

Date Introduced: January 14, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 6-30 of the General Laws entitled "Distribution of Credit Cards" is

hereby amended by adding thereto the following section:

6-30-6. Credit card transactions -- Printing of accounting numbers on receipts. – (a)

As used in this section, the following terms shall have the following meanings:

(1) “Cardholder” means the person named on the face of a credit card to whom or for

whose benefit the credit card is issued by an issuer and shall include any employee or other agent

or authorized user of the card;

(2) “Credit card” shall be defined as stated in section 6-30-2;

(3) “Issuer” means the financial institution or other business organization which issues a

credit card or its duly authorized agent;

(4) “Person” means an individual or corporation, partnership, trust, association, joint

venture pool, syndicate, sole proprietorship, unincorporated organization, or any other legal

entity; and

(5) “Provider” means a person who furnishes money, goods, services, or anything else of

value upon presentation, whether physically, in writing, verbally, electronically or otherwise of a

credit card by the cardholder, or any agent or employee of such person.

(b) Except as otherwise provided in this section, no provider shall print or otherwise

produce or reproduce, or permit the printing or other production or reproduction of either of the

following:

(1) Any part of the credit card account number, other than the last five (5) digits or other

characters on any receipt provided or made available to the cardholder; or

(2) The credit card expiration date on any receipt provided or made available to the

cardholder.

(c) This section shall not apply to a credit card transaction in which the sole means

available to the provider of recording the credit card account number is by handwriting or by

imprint of the card.

(d) This section shall not apply to receipts issued for transactions on the electronic

benefits transfer card system.

(e) Any cardholder, whose credit card has been the subject of a violation of this section,

or the issuer of such a card, may bring a civil action in the superior court against the provider who

violated the provisions of this section to recover or obtain one or all of the following remedies:

(1) Damages or expenses, or both, which the cardholder or issuer incurred due to the

provider's violation of this section;

(2) Court costs, including reasonable attorneys' fees;

(3) Injunctive or equitable relief, as appropriate; and

(4) Any other relief the court deems proper.

(f) The provisions of this section shall become effective on January 1, 2007, with respect

to any cash register or other machine or device that electronically prints receipts for credit card

transactions that is in use prior to January 1, 2005.

(g) The provisions of this section shall become effective on January 1, 2005, with respect

to any cash register or other machine or device that electronically prints receipts for credit card

transactions that is first put into use on or after January 1, 2005.

     SECTION 2. This act shall take effect upon passage.

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LC00765/SUB A/2

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