2009 California Civil Code - Section 1747-1748.95 :: Title 1.3. Credit Cards

1747.  This title may be cited as the "Song-Beverly Credit Card Act
of 1971."

1747.01.  It is the intent of the Legislature that the provisions of
this title as to which there are similar provisions in the federal
Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.),
essentially conform, and be interpreted by anyone construing the
provisions of this title to so conform, to the Truth in Lending Act
and any rule, regulation, or interpretation promulgated thereunder by
the Board of Governors of the Federal Reserve System, and any
interpretation issued by an official or employee of the Federal
Reserve System duly authorized to issue such interpretation.

1747.02.  As used in this title:
   (a) "Credit card" means any card, plate, coupon book, or other
single credit device existing for the purpose of being used from time
to time upon presentation to obtain money, property, labor, or
services on credit. "Credit card" does not mean any of the following:
   (1) Any single credit device used to obtain telephone property,
labor, or services in any transaction under public utility tariffs.
   (2) Any device that may be used to obtain credit pursuant to an
electronic fund transfer, but only if the credit is obtained under an
agreement between a consumer and a financial institution to extend
credit when the consumer's asset account is overdrawn or to maintain
a specified minimum balance in the consumer's asset account.
   (3) Any key or card key used at an automated dispensing outlet to
obtain or purchase petroleum products, as defined in subdivision (c)
of Section 13401 of the Business and Professions Code, that will be
used primarily for business rather than personal or family purposes.
   (b) "Accepted credit card" means any credit card that the
cardholder has requested or applied for and received or has signed,
or has used, or has authorized another person to use, for the purpose
of obtaining money, property, labor, or services on credit. Any
credit card issued in renewal of, or in substitution for, an accepted
credit card becomes an accepted credit card when received by the
cardholder, whether the credit card is issued by the same or a
successor card issuer.
   (c) "Card issuer" means any person who issues a credit card or the
agent of that person for that purpose with respect to the credit
card.
   (d) "Cardholder" means a natural person to whom a credit card is
issued for consumer credit purposes, or a natural person who has
agreed with the card issuer to pay consumer credit obligations
arising from the issuance of a credit card to another natural person.
For purposes of Sections 1747.05, 1747.10, and 1747.20, the term
includes any person to whom a credit card is issued for any purpose,
including business, commercial, or agricultural use, or a person who
has agreed with the card issuer to pay obligations arising from the
issuance of that credit card to another person.
   (e) "Retailer" means every person other than a card issuer who
furnishes money, goods, services, or anything else of value upon
presentation of a credit card by a cardholder. "Retailer" shall not
mean the state, a county, city, city and county, or any other public
agency.
   (f) "Unauthorized use" means the use of a credit card by a person,
other than the cardholder, (1) who does not have actual, implied, or
apparent authority for that use and (2) from which the cardholder
receives no benefit. "Unauthorized use" does not include the use of a
credit card by a person who has been given authority by the
cardholder to use the credit card. Any attempted termination by the
cardholder of the person's authority is ineffective as against the
card issuer until the cardholder complies with the procedures
required by the card issuer to terminate that authority.
Notwithstanding the above, following the card issuer's receipt of
oral or written notice from a cardholder indicating that it wishes to
terminate the authority of a previously authorized user of a credit
card, the card issuer shall follow its usual procedures for
precluding any further use of a credit card by an unauthorized
person.
   (g) An "inquiry" is a writing that is posted by mail to the
address of the card issuer to which payments are normally tendered,
unless another address is specifically indicated on the statement for
that purpose, then to that other address, and that is received by
the card issuer no later than 60 days after the card issuer
transmitted the first periodic statement that reflects the alleged
billing error, and that does all of the following:
   (1) Sets forth sufficient information to enable the card issuer to
identify the cardholder and the account.
   (2) Sufficiently identifies the billing error.
   (3) Sets forth information providing the basis for the cardholder'
s belief that the billing error exists.
   (h) A "response" is a writing that is responsive to an inquiry and
mailed to the cardholder's address last known to the card issuer.
   (i) A "timely response" is a response that is mailed within two
complete billing cycles, but in no event later than 90 days, after
the card issuer receives an inquiry.
   (j) A "billing error" means an error by omission or commission in
(1) posting any debit or credit, or (2) in computation or similar
error of an accounting nature contained in a statement given to the
cardholder by the card issuer. A "billing error" does not mean any
dispute with respect to value, quality, or quantity of goods,
services, or other benefit obtained through use of a credit card.
   (k) "Adequate notice" means a printed notice to a cardholder that
sets forth the pertinent facts clearly and conspicuously so that a
person against whom it is to operate could reasonably be expected to
have noticed it and understood its meaning.
   (l) "Secured credit card" means any credit card issued under an
agreement or other instrument that pledges, hypothecates, or places a
lien on real property or money or other personal property to secure
the cardholder's obligations to the card issuer.
   (m) "Student credit card" means any credit card that is provided
to a student at a public or private college or university and is
provided to that student solely based on his or her enrollment in a
public or private university, or is provided to a student who would
not otherwise qualify for that credit card on the basis of his or her
income. A "student credit card" does not include a credit card
issued to a student who has a cocardholder or cosigner who would
otherwise qualify for a credit card other than a student credit card.

1747.03.  (a) Any rights or responsibilities created by this title
that are based on the use of a credit card shall have no effect with
respect to:
   (1) Those transactions that constitute an electronic fund transfer
as defined by Regulation E of the Federal Reserve Board (12 CFR,
Part 205).
   (2) Those transactions involving the use of any key or a card key
used at an automated dispensing outlet to obtain or purchase
petroleum products, as defined in subdivision (c) of Section 13401 of
the Business and Professions Code, which will be used primarily for
business rather than personal or family purposes.
   (b)  Notwithstanding subdivision (a), a person, company, or
corporation that has been issued a key or card key described in
paragraph (2) of subdivision (a) shall not be liable for losses due
to the loss or theft of the key or card key incurred after receipt by
the issuer of the key or card key of written or oral notification of
the loss or theft.

1747.04.  Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.

1747.05.  (a) No credit card shall be issued except:
   (1) In response to an oral or written request or application
therefor.
   (2) As a renewal of, or in substitution for, an accepted credit
card whether that card is issued by the same or a successor card
issuer.
   (b) A credit card issued in substitution for an accepted credit
card may be issued only if the card issuer provides an activation
process whereby the cardholder is required to contact the card issuer
to activate the credit card prior to the first use of the credit
card in a credit transaction.
   (c) This section does not prohibit the completion of an overdraft
protection advance or recurring-charge transaction that a cardholder
has previously authorized on an accepted credit card.

1747.06.  (a) A credit card issuer that mails an offer or
solicitation to receive a credit card and, in response, receives a
completed application for a credit card that lists an address that is
different from the address on the offer or solicitation shall verify
the change of address by contacting the person to whom the
solicitation or offer was mailed.
   (b) Notwithstanding any other provision of law, a person to whom
an offer or solicitation to receive a credit card is made shall not
be liable for the unauthorized use of a credit card issued in
response to that offer or solicitation if the credit card issuer does
not verify the change of address pursuant to subdivision (a) prior
to the issuance of the credit card, unless the credit card issuer
proves that this person actually incurred the charge on the credit
card.
   (c) When a credit card issuer receives a written or oral request
for a change of the cardholder's billing address and then receives a
written or oral request for an additional credit card within 10 days
after the requested address change, the credit card issuer shall not
mail the requested additional credit card to the new address or,
alternatively, activate the requested additional credit card, unless
the credit card issuer has verified the change of address.
   (d) This section shall become operative on July 1, 2000.

1747.08.  (a) Except as provided in subdivision (c), no person,
firm, partnership, association, or corporation that accepts credit
cards for the transaction of business shall do any of the following:
   (1) Request, or require as a condition to accepting the credit
card as payment in full or in part for goods or services, the
cardholder to write any personal identification information upon the
credit card transaction form or otherwise.
   (2) Request, or require as a condition to accepting the credit
card as payment in full or in part for goods or services, the
cardholder to provide personal identification information, which the
person, firm, partnership, association, or corporation accepting the
credit card writes, causes to be written, or otherwise records upon
the credit card transaction form or otherwise.
   (3) Utilize, in any credit card transaction, a credit card form
which contains preprinted spaces specifically designated for filling
in any personal identification information of the cardholder.
   (b) For purposes of this section "personal identification
information," means information concerning the cardholder, other than
information set forth on the credit card, and including, but not
limited to, the cardholder's address and telephone number.
   (c) Subdivision (a) does not apply in the following instances:
   (1) If the credit card is being used as a deposit to secure
payment in the event of default, loss, damage, or other similar
occurrence.
   (2) Cash advance transactions.
   (3) If the person, firm, partnership, association, or corporation
accepting the credit card is contractually obligated to provide
personal identification information in order to complete the credit
card transaction or is obligated to collect and record the personal
identification information by federal law or regulation.
   (4) If personal identification information is required for a
special purpose incidental but related to the individual credit card
transaction, including, but not limited to, information relating to
shipping, delivery, servicing, or installation of the purchased
merchandise, or for special orders.
   (d) This section does not prohibit any person, firm, partnership,
association, or corporation from requiring the cardholder, as a
condition to accepting the credit card as payment in full or in part
for goods or services, to provide reasonable forms of positive
identification, which may include a driver's license or a California
state identification card, or where one of these is not available,
another form of photo identification, provided that none of the
information contained thereon is written or recorded on the credit
card transaction form or otherwise. If the cardholder pays for the
transaction with a credit card number and does not make the credit
card available upon request to verify the number, the cardholder's
driver's license number or identification card number may be recorded
on the credit card transaction form or otherwise.
   (e) Any person who violates this section shall be subject to a
civil penalty not to exceed two hundred fifty dollars ($250) for the
first violation and one thousand dollars ($1,000) for each subsequent
violation, to be assessed and collected in a civil action brought by
the person paying with a credit card, by the Attorney General, or by
the district attorney or city attorney of the county or city in
which the violation occurred. However, no civil penalty shall be
assessed for a violation of this section if the defendant shows by a
preponderance of the evidence that the violation was not intentional
and resulted from a bona fide error made notwithstanding the
defendant's maintenance of procedures reasonably adopted to avoid
that error. When collected, the civil penalty shall be payable, as
appropriate, to the person paying with a credit card who brought the
action, or to the general fund of whichever governmental entity
brought the action to assess the civil penalty.
   (f) The Attorney General, or any district attorney or city
attorney within his or her respective jurisdiction, may bring an
action in the superior court in the name of the people of the State
of California to enjoin violation of subdivision (a) and, upon notice
to the defendant of not less than five days, to temporarily restrain
and enjoin the violation. If it appears to the satisfaction of the
court that the defendant has, in fact, violated subdivision (a), the
court may issue an injunction restraining further violations, without
requiring proof that any person has been damaged by the violation.
In these proceedings, if the court finds that the defendant has
violated subdivision (a), the court may direct the defendant to pay
any or all costs incurred by the Attorney General, district attorney,
or city attorney in seeking or obtaining injunctive relief pursuant
to this subdivision.
   (g) Actions for collection of civil penalties under subdivision
(e) and for injunctive relief under subdivision (f) may be
consolidated.
   (h) The changes made to this section by Chapter 458 of the
Statutes of 1995 apply only to credit card transactions entered into
on and after January 1, 1996. Nothing in those changes shall be
construed to affect any civil action which was filed before January
1, 1996.

1747.09.  (a) Except as provided in this section, no person, firm,
partnership, association, corporation, or limited liability company
that accepts credit or debit cards for the transaction of business
shall print more than the last five digits of the credit or debit
card account number or the expiration date upon any of the following:
   (1) Any receipt provided to the cardholder.
   (2) Any receipt retained by the person, firm, partnership,
association, corporation, or limited liability company, which is
printed at the time of the purchase, exchange, refund, or return, and
is signed by the cardholder.
   (3) Any receipt retained by the person, firm, partnership,
association, corporation, or limited liability company, which is
printed at the time of the purchase, exchange, refund, or return, but
is not signed by the cardholder, because the cardholder used a
personal identification number to complete the transaction.
   (b) This section shall apply only to receipts that include a
credit or debit card account number that are electronically printed
and shall not apply to transactions in which the sole means of
recording the person's credit or debit card account number is by
handwriting or by an imprint or copy of the credit or debit card.
   (c) This section shall not apply to documents, other than the
receipts described in paragraphs (1) to (3), inclusive, of
subdivision (a), used for internal administrative purposes.
   (d) Paragraphs (2) and (3) of subdivision (a) shall become
operative on January 1, 2009.

1747.10.  A cardholder shall be liable for the unauthorized use of a
credit card only if all of the following conditions are met:
   (a) The card is an accepted credit card.
   (b) The liability is not in excess of fifty dollars ($50).
   (c) The card issuer gives adequate notice to the cardholder of the
potential liability.
   (d) The card issuer has provided the cardholder with a description
of a means by which the card issuer may be notified of loss or theft
of the card.
   (e) The unauthorized use occurs before the card issuer has been
notified that an unauthorized use of the credit card has occurred or
may occur as the result of loss, theft, or otherwise.
   (f) The card issuer has provided a method whereby the user of such
card can be identified as the person authorized to use it.

1747.20.  If 10 or more credit cards are issued by one card issuer
for use by the employees of an organization, Section 1747.10 does not
prohibit the card issuer and the organization from agreeing to
liability for unauthorized use without regard to Section 1747.10.
However, liability for unauthorized use may be imposed on an employee
of the organization, by either the card issuer or the organization,
only in accordance with Section 1747.10.

1747.40.  If a card issuer fails to give a timely response to an
inquiry of a cardholder concerning any debit or credit applicable to
an obligation incurred through the use of a credit card, he shall not
be entitled to interest, finance charges, service charges, or any
other charges thereon, from the date of mailing of the inquiry to
date of mailing of the response.

1747.50.  (a) Every card issuer shall correct any billing error made
by the card issuer within two complete billing cycles, but in no
event later than 90 days, after receiving an inquiry.
   (b) Any card issuer who fails to correct a billing error made by
the card issuer within the period prescribed by subdivision (a) shall
not be entitled to the amount by which the outstanding balance of
the cardholder's account is greater than the correct balance, nor any
interest, finance charges, service charges, or other charges on the
obligation giving rise to the billing error.
   (c) Any cardholder who is injured by a willful violation of this
section may bring an action for the recovery of damages. Judgment may
be entered for three times the amount at which actual damages are
assessed. The cardholder shall be entitled to recover reasonable
attorney's fees and costs incurred in the action.

1747.60.  (a) Every retailer shall correct any billing error made by
the retailer within 60 days from the date on which an inquiry
concerning a billing error was mailed.
   (b) Any retailer who fails to correct a billing error made by the
retailer within the period prescribed by subdivision (a) shall be
liable to the cardholder in the amount by which the outstanding
balance of the cardholder's account is greater than the correct
balance, and any interest, finance charges, service charges, or other
charges on the obligation giving rise to the billing error.
   (c) Any cardholder who is injured by a willful violation of this
section may bring an action for the recovery of damages. Judgment may
be entered for three times the amount at which actual damages are
assessed. The cardholder shall be entitled to recover reasonable
attorney's fees and costs incurred in the action.
   (d) As used in this section, an "inquiry" is a writing which is
posted by mail to the address of the retailer, unless another address
is specifically indicated by the retailer for the purpose of mailing
inquiries with respect to billing errors, then to such address.

1747.65.  (a) A card issuer shall not be liable for a billing error
made by the retailer.
   (b) A retailer shall not be liable for a billing error made by a
card issuer.

1747.70.  (a) No card issuer shall knowingly give any untrue credit
information to any other person concerning a cardholder.
   (b) No card issuer, after receiving an inquiry from a cardholder
regarding a billing error and prior to satisfying the requirements of
Section 1747.50, shall communicate unfavorable credit information
concerning the cardholder to any person solely because of the
cardholder's failure to pay the amount by which the outstanding
balance of the cardholder's account is greater than the correct
balance.
   (c) No card issuer shall cancel or refuse to renew a credit card
for the reason that the cardholder has obtained relief under Section
1747.50.
   (d) Any cardholder who is injured by a willful violation of this
section may bring an action for the recovery of damages. Judgment may
be entered for three times the amount at which actual damages are
assessed. The cardholder shall be entitled to recover reasonable
attorney's fees and costs incurred in the action.

1747.80.  (a) No card issuer shall refuse to issue a credit card to
any person solely because of any characteristic listed or defined in
subdivision (b) or (e) of Section 51.
   (b) Any card issuer who willfully violates this section is liable
for each and every offense for the actual damages, and two hundred
fifty dollars ($250) in addition thereto, suffered by any person
denied a credit card solely for the reasons set forth in subdivision
(a). In addition, that person may petition the court to order the
card issuer to issue him or her a credit card upon the terms,
conditions, and standards as the card issuer normally utilizes in
granting credit to other individuals.

1747.81.  (a) If a card issuer has determined in the normal course
of business that it will issue a card to a married woman, the card
shall be issued bearing either the maiden name or married name of the
woman, as the woman may direct.
   (b) Card issuers may require that a married woman requesting a
card in her maiden name open a new account in that name.

1747.85.  Unless requested by the cardholder, no card issuer shall
cancel a credit card without having first given the cardholder 30
days' written notice of its intention to do so unless the cardholder
is or has been within the last 90 days in default of payment or
otherwise in violation of any provision of the agreement between the
card issuer and the cardholder governing the cardholder's use of the
credit card or unless the card issuer has evidence or reasonable
belief that the cardholder is unable or unwilling to repay
obligations incurred under the agreement or that an unauthorized use
of the card may be made.
   Nothing provided herein shall be construed to prohibit a card
issuer from placing the account of a cardholder on inactive status if
the cardholder has not used the card for a period in excess of 18
months or from requiring that cardholder, upon subsequent reuse of a
card, to provide to the card issuer such updated information as will
enable the card issuer to verify the current creditworthiness of the
cardholder.

1747.90.  (a) (1) Subject to the limitation contained in subdivision
(b), a card issuer who has issued a credit card to a cardholder
pursuant to an open-end consumer credit plan shall be subject to all
claims and defenses, other than tort claims, arising out of any
transaction in which the credit card is used as a method of payment
or extension of credit if the following conditions are met:
   (A) The cardholder has made a good faith attempt to obtain
satisfactory resolution of a disagreement or problem relative to the
transaction from the person honoring the credit card.
   (B) The amount of the initial transaction exceeds fifty dollars
($50).
   (C) The place where the initial transaction occurred was in
California, or, if not within California, then within 100 miles from
the cardholder's current designated address in California.
   (2) The limitations set forth in subparagraphs (B) and (C) of
paragraph (1) with respect to a cardholder's right to assert claims
and defenses against a card issuer shall not be applicable to any
transaction in which the person honoring the credit card satisfies
any of the following requirements:
   (A) Is the same person as the card issuer.
   (B) Is controlled by the card issuer.
   (C) Is under direct or indirect common control with the card
issuer.
   (D) Is a franchised dealer in the card issuer's products or
services.
   (E) Has obtained the order for such transaction through a mail
solicitation made by or participated in by the card issuer in which
the cardholder is solicited to enter into such transaction by using
the credit card issued by the card issuer.
   (b) The amount of claims or defenses asserted by the cardholder
may not exceed the amount of credit outstanding with respect to such
transaction at the time the cardholder first notifies the card issuer
or the person honoring the credit card of such claim or defense. For
the purpose of determining the amount of credit outstanding,
payments and credits to the cardholder's account are deemed to have
been applied, in the order indicated, to the payment of the
following:
   (1) Late charges in the order of their entry to the account.
   (2) Finance charges in order of their entry to the account.
   (3) Debits to the account other than those set forth above, in the
order in which each debit entry to the account was made.
   (c) This section does not apply to the use of a check guarantee
card or a debit card in connection with an overdraft credit plan, or
to a check guarantee card used in connection with cash advance
checks.

1747.94.  (a) In addition to any other disclosures required by law,
a card issuer of a secured credit card shall, in every advertisement
or solicitation to prospective cardholders, expressly identify the
credit instrument offered as a "secured credit card" and prominently
disclose that credit extended under the secured credit card is
secured, and shall describe the security by item or type.
   (b) Any deed of trust executed in connection with a secured credit
card shall contain a statement that it is security for a secured
credit card obligation. However, failure to include the statement
shall not invalidate the deed of trust.
   (c) This section does not apply to either of the following:
   (1) Any credit card which is issued under an agreement or other
instrument creating a purchase money security interest in property
purchased with the credit card, but which does not pledge,
hypothecate, or place a lien on other property of the cardholder or
any co-obligor.
   (2) Loans or extensions of credit subject to the Federal Home
Equity Loan Consumer Protection Act of 1988 (P. L. 100-709).
   (d) Any violation of this section shall constitute unfair
competition within the meaning of Section 17200 of the Business and
Professions Code.

1748.  Any provision in a contract between a card issuer and a
retailer which has the effect of prohibiting the retailer from
offering price discounts or from charging a different and lower price
to customers who pay for goods or services by cash instead of by
credit card is contrary to public policy and void.

1748.1.  (a) No retailer in any sales, service, or lease transaction
with a consumer may impose a surcharge on a cardholder who elects to
use a credit card in lieu of payment by cash, check, or similar
means. A retailer may, however, offer discounts for the purpose of
inducing payment by cash, check, or other means not involving the use
of a credit card, provided that the discount is offered to all
prospective buyers.
   (b) Any retailer who willfully violates this section by imposing a
surcharge on a cardholder who elects to use a credit card and who
fails to pay that amount to the cardholder within 30 days of a
written demand by the cardholder to the retailer by certified mail,
shall be liable to the cardholder for three times the amount at which
actual damages are assessed. The cardholder shall also be entitled
to recover reasonable attorney's fees and costs incurred in the
action.
   A cause of action under this section may be brought in small
claims court, if it does not exceed the jurisdiction of that court,
or in any other appropriate court.
   (c) A consumer shall not be deemed to have elected to use a credit
card in lieu of another means of payment for purposes of this
section in a transaction with a retailer if only credit cards are
accepted by that retailer in payment for an order made by a consumer
over a telephone, and only cash is accepted at a public store or
other facility of the same retailer.
   (d) Charges for third-party credit card guarantee services, when
added to the price charged by the retailer if cash were to be paid,
shall be deemed surcharges for purposes of this section even if they
are payable directly to the third party or are charged separately.
   (e) It is the intent of the Legislature to promote the effective
operation of the free market and protect consumers from deceptive
price increases for goods and services by prohibiting credit card
surcharges and encouraging the availability of discounts by those
retailers who wish to offer a lower price for goods and services
purchased by some form of payment other than credit card.
   (f) This section does not apply to charges for payment by credit
card or debit card that are made by an electrical, gas, or water
corporation and approved by the Public Utilities Commission pursuant
to Section 755 of the Public Utilities Code.

1748.5.  (a) A cardholder may request, not more frequently than once
a year, that the card issuer inform the cardholder of the total
amount of finance charges assessed on the account during the
preceding calendar year and the card issuer shall provide that
information to the cardholder within 30 days of receiving the
request, without charge.
   If the cardholder's request for the information is made in
writing, the card issuer shall provide the information in writing.
However, if the card issuer is required to furnish the cardholder
with a periodic billing or periodic statement of account or furnishes
the billing or statement of account, the requested statement of
finance charges may be furnished along with the periodic billing or
periodic statement of account.
   (b) This section shall not apply to card issuers or cardholders
who issue or use credit cards in connection with a retail installment
account, as defined by Section 1802.7.

1748.7.  (a) No person shall process, deposit, negotiate, or obtain
payment of a credit card charge through a retailer's account with a
financial institution or through a retailer's agreement with a
financial institution, card issuer, or organization of financial
institutions or card issuers if that retailer did not furnish or
agree to furnish the goods or services which are the subject of the
charge.
   (b) No retailer shall permit any person to process, deposit,
negotiate, or obtain payment of a credit card charge through the
retailer's account with a financial institution or the retailer's
agreement with a financial institution, card issuer, or organization
of financial institutions or card issuers if that retailer did not
furnish or agree to furnish the goods or services which are the
subject of the charge.
   (c)  Subdivisions (a) and (b) do not apply to any of the
following:
   (1) A person who furnishes goods or services on the business
premises of a general merchandise retailer and who processes,
deposits, negotiates, or obtains payment of a credit card charge
through that general merchandise retailer's account or agreement.
   (2) A general merchandise retailer who permits a person described
in paragraph (1) to process, deposit, negotiate, or obtain payment of
a credit card charge through that general merchandise retailer's
account or agreement.
   (3) A franchisee who furnishes the cardholder with goods or
services that are provided in whole or in part by the franchisor and
who processes, deposits, negotiates, or obtains payment of a credit
card charge through that franchisor's account or agreement.
   (4) A franchisor who permits a franchisee described in paragraph
(3) to process, deposit, negotiate, or obtain payment of a credit
card charge through that franchisor's account or agreement.
   (5) The credit card issuer or a financial institution or a parent,
subsidiary, or affiliate of the card issuer or a financial
institution.
   (6) A person who processes, deposits, negotiates, or obtains
payment of less than five hundred dollars ($500) of credit card
charges in any one year period through a retailer's account or
agreement. The person shall have the burden of producing evidence
that the person transacted less than five hundred dollars ($500) in
credit card charges during any one year period.
   (d) Any person injured by a violation of this section may bring an
action for the recovery of damages, equitable relief, and reasonable
attorney's fees and costs.
   (e) Any person who violates this section shall be guilty of a
misdemeanor. Each occurrence in which a person processes, deposits,
negotiates, or otherwise seeks to obtain payment of a credit card
charge in violation of subdivision (a) constitutes a separate
offense.
   (f) The penalties and remedies provided in this section are in
addition to any other remedies or penalties provided by law.
   (g) The exemptions from this title specified in Section 1747.03 do
not apply to this section.
   (h) As used in this section:
   (1) "General merchandise retailer" means any person or entity,
regardless of the form of organization, that has continuously offered
for sale or lease more than 100 different types of goods or services
to the public in this state throughout a period which includes the
immediately preceding five years.
   (2) "Franchisor" has the same meaning as defined in Section 31007
of the Corporations Code.
   (3) "Franchisee" has the same meaning as defined in Section 31006
of the Corporations Code.

1748.9.  (a) A credit card issuer that extends credit to a
cardholder through the use of a preprinted check or draft shall
disclose on the front of an attachment that is affixed by perforation
or other means to the preprinted check or draft, in clear and
conspicuous language, all of the following information:
   (1) That "use of the attached check or draft will constitute a
charge against your credit account."
   (2) The annual percentage rate and the calculation of finance
charges, as required by Section 226.16 of Regulation Z of the Code of
Federal Regulations, associated with the use of the attached check
or draft.
   (3) Whether the finance charges are triggered immediately upon the
use of the check or draft.

1748.95.  (a) (1) Upon the request of a person who has obtained a
police report pursuant to Section 530.6 of the Penal Code, a credit
card issuer shall provide to the person, or to a law enforcement
officer specified by the person, copies of all application forms or
application information containing the person's name, address, or
other identifying information pertaining to the application filed
with the credit card issuer by an unauthorized person in violation of
Section 530.5 of the Penal Code.
   (2) Before providing copies pursuant to paragraph (1), the credit
card issuer shall inform the requesting person of the categories of
identifying information that the unauthorized person used to complete
the application and shall require the requesting person to provide
identifying information in those categories and a copy of the police
report.
   (3) The credit card issuer shall provide copies of all forms and
information required by this section, without charge, within 10
business days of receipt of the person's request and submission of
the required copy of the police report and identifying information.
   (b) (1) Before a credit card issuer provides copies to a law
enforcement officer pursuant to paragraph (1) of subdivision (a), the
credit card issuer may require the requesting person to provide them
with a signed and dated statement by which the person does all of
the following:
   (A) Authorizes disclosure for a stated period.
   (B) Specifies the name of the agency or department to which the
disclosure is authorized.
   (C) Identifies the type of records that the person authorizes to
be disclosed.
   (2) The credit card issuer shall include in the statement to be
signed by the requesting person a notice that the person has the
right at any time to revoke the authorization.
   (c) As used in this section, "law enforcement officer" means a
peace officer as defined by Section 830.1 of the Penal Code.