US Laws, Codes, Statutes & Cases

                                  TITLE  28
                           COMMERCIAL TRANSACTIONS
                                  CHAPTER 51
                                IDENTITY THEFT
    28-51-103.  PAYMENT CARD RECEIPTS. (1) As used in this section, the term:
    (a)  "Cardholder" means a person or organization named on the face of a
    payment card to whom or for whose benefit the payment card is issued.
    (b)  "Merchant" means a person or organization who receives from a
    cardholder a payment card, or information from a payment card, as the
    instrument for obtaining, purchasing, or receiving goods, services, money,
    or anything else of value from the person or organization.
    (c)  "Payment card" means a credit card, charge card, debit card, or any
    other card that is issued to a cardholder and that allows the cardholder
    to obtain, purchase, or receive goods, services, money, or anything else
    of value from a merchant.
    (2)  A merchant who accepts a payment card for the transaction of business
may not print more than the last five (5) digits of the payment card's account
number or print the payment card's expiration date on a receipt provided to
the cardholder. This subsection does not apply to a transaction in which the
sole means of recording the payment card's account number or expiration date
is by handwriting or by an imprint or copy of the payment card. Effective
January 1, 2004, this section applies to all receipts that are electronically
printed using a cash register or other machine or device that is first used on
or after July 1, 2003. Effective January 1, 2005, this section applies to all
receipts that are electronically printed, including those printed using a cash
register or other machine or device that is first used before July 1, 2003.
    (3)  A merchant who violates this section shall be subject to a civil
penalty of not more than two hundred fifty dollars ($250) for the first
violation and one thousand dollars ($1,000) for a second or subsequent
violation. An action to recover the civil penalty may be brought by a
prosecuting attorney. If the prosecuting attorney does not file an action for
such a civil penalty within sixty (60) days from the date the violation is
reported by the cardholder whose payment card number was printed on a receipt
in violation of this section, the cardholder may file such action. Venue for
an action under this section shall be in the county in which the transaction
occurred or the county in which the cardholder resides or the county in which
the merchant has its principal place of business in this state.
    The penalties provided in this section are in addition to any other remedy
at law or equity available to a cardholder.
    Any civil penalty imposed pursuant to this section shall be deposited in
the state general fund. Attorney's fees shall be paid solely to the party
successfully bringing the action.