2006 New York Code - Improper Use Of Credit Cards Or Debit Cards; Defense Of Lawful Detention.



 
    §  516. Improper use of credit cards or debit cards; defense of lawful
  detention. In any action for false arrest, false imprisonment,  unlawful
  detention,  defamation  of  character, assault, trespass, or invasion of
  civil rights, brought by any person by reason of having been detained on
  or in the immediate vicinity of the premises  of  a  seller,  lender  or
  issuer,  for  the  purpose  of  investigation  or  questioning as to the
  ownership, possession, validity or use of a credit card or  debit  card,
  it  shall  be a defense to such action that the person was detained in a
  reasonable manner and for not more than a reasonable time to permit such
  investigation or questioning by a peace officer, acting pursuant to  his
  special  duties, or a police officer, or by a person acting on behalf of
  or by such seller, lender or issuer,  and  that  such  officer,  person,
  seller,  lender  or  issuer  had  reasonable grounds to believe that the
  person so detained was using or attempting to use  a  stolen  or  forged
  credit  card  or debit card or was making or attempting to make unlawful
  use of a credit card or debit card. As used in this section, "reasonable
  grounds" shall include, but not be limited to, knowledge that the credit
  card or debit card has been, or has been reported to be,  lost,  stolen,
  revoked,  cancelled, or forged and knowledge that the person had used or
  attempted to use the credit card or debit  card  to  purchase  or  lease
  property  or  services  or  to  obtain a cash advance, and a "reasonable
  time" shall mean the time necessary to permit  the  person  detained  to
  make  a  statement  or  to  refuse  to  make  a  statement, and the time
  necessary to examine employees and records of the seller, lender, issuer
  or holder relative to whether improper use was being made of the card.

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