2006 New York Code - Certain Credit And Debit Card Transaction Forms Required.

 
    §  520-a. Certain credit and debit card transaction forms required. 1.
  Any person, firm, partnership, association or corporation  which  issues
  forms used for credit or debit card transactions between the credit card
  or  debit  card holder and seller, shall only issue such credit or debit
  card forms, except  for  such  forms  utilized  for  a  special  purpose
  incidental  but  related  to  the  actual  purchase  and  sale agreement
  including but not  limited  to  shipping,  delivery  or  installment  of
  purchased merchandise or special orders, which:
    a. are carbonless; or
    b.  after  the transaction is complete, do not render a separate piece
  of paper, carbon or otherwise, which readily identifies  the  cardholder
  by  name  or  number,  other than those necessary for use by the seller,
  credit or debit card holder and issuer to complete the credit  or  debit
  card transaction.
    2.  Any  person,  firm,  partnership, association or corporation which
  accepts credit or debit cards used for credit or debit card transactions
  between the credit card or debit card holder and seller, shall only  use
  credit  or debit card forms except for such forms utilized for a special
  purpose incidental but related to the actual purchase and sale agreement
  including but not  limited  to  shipping,  delivery  or  installment  of
  purchased merchandise or special orders, which:
    a. are carbonless; or
    b.  after  the transaction is complete, do not render a separate piece
  of paper, carbon or otherwise, which readily identifies  the  cardholder
  by  name  or  number,  other than those necessary for use by the seller,
  credit card or debit card holder and issuer to complete  the  credit  or
  debit  card  transaction.  No  person, firm, partnership, association or
  corporation which accepts credit or debit cards for the  transaction  of
  business  shall  be  deemed  to  have  violated  the  provisions of this
  subdivision,  if  such  person,  firm,   partnership,   association   or
  corporation  shows by a preponderance of evidence that the violation was
  not intentional and resulted from bona fide error  made  notwithstanding
  the  maintenance  of  procedures  reasonably  adopted  to avoid any such
  error.
    3. No person, firm, partnership or corporation which accepts credit or
  debit cards for the transaction of business shall require the credit  or
  debit card holder to write on the credit or debit card transaction form,
  nor  shall  it  write  or cause to be written on such form, any personal
  identification information, including but not limited to the  credit  or
  debit card holder's address or telephone number, that is not required by
  the  credit  or  debit  card issuer to complete the credit or debit card
  transaction; provided, however, that the credit or debit  card  holder's
  address and telephone number may be required on such form where (i) such
  information  is  necessary  for  shipping,  delivery  or installation of
  purchased merchandise or for special orders; (ii) authorization from the
  credit or debit card issuer as to the  availability  of  credit  is  not
  required by the issuer to complete the credit or debit card transaction;
  or  (iii)  the person, firm, partnership or corporation processes credit
  or debit card transactions by mailing transaction forms to a  designated
  bankcard center for settlement.
    4.  No  person,  firm,  partnership,  association or corporation which
  accepts a personal check, gift certificate, traveler's  check  or  money
  order  in payment for goods or services used or bought for use primarily
  for personal, family or household purposes, and which as a condition  of
  such  acceptance  requires that the check drawer or redeemer of the gift
  certificate, traveler's check or money order provide a credit or  charge
  card,  shall record on such check, gift certificate, traveler's check or
  money order or elsewhere, the  card  account  number.  Nothing  in  this
  subdivision   shall   be   construed   to  prohibit  any  person,  firm,
  partnership,  association  or  corporation,  as  a  condition  for   the
  acceptance of a check, gift certificate, traveler's check or money order
  in  payment  for  goods  or services from: (i) requesting a purchaser to
  display a credit or charge card as a means of identification, or  as  an
  indication  of  credit  worthiness  or financial responsibility; or (ii)
  recording on the check, gift  certificate,  traveler's  check  or  money
  order  the  type of credit or charge card so displayed and/or the credit
  or charge card expiration date; provided, further, that nothing in  this
  subdivision  shall  require  any business entity to accept a check, gift
  certificate, traveler's check or money order in  payment  for  goods  or
  services whether or not a credit or charge card is displayed.
    4-a.  a.  No person, firm, partnership, association, limited liability
  company, corporation, or other entity that accepts  charge,  credit,  or
  debit  cards  for the transaction of business shall print the expiration
  date of the charge, credit, or debit card nor shall  any  person,  firm,
  corporation,  partnership,  association,  limited  liability company, or
  other entity print more than the last five digits of the charge, credit,
  or debit card account number upon  any  receipt  provided  to  the  card
  holder.
    b.   This   subdivision   shall   apply  only  to  receipts  that  are
  electronically printed and shall not apply to transactions in which  the
  sole  means  of  recording  the  person's  charge, credit, or debit card
  number is by handwriting or by an imprint or copy of the credit card.
    c. The  provisions  of  this  subdivision  shall  apply  to  all  cash
  registers  or  other  machines  or  devices,  which electronically print
  receipts for charge, credit, or debit card transactions, that are placed
  in service on or after January first, two thousand four.
    d.  For  all  cash  registers  or  other  machines  or  devices   that
  electronically   print  receipts  for  charge,  credit,  or  debit  card
  transactions in service prior to January first, two thousand  four,  the
  provisions  of this subdivision shall not apply until January first, two
  thousand seven.
    e. A person,  firm,  corporation,  partnership,  association,  limited
  liability  company,  or other entity who violates this subdivision shall
  be given notice with specificity of such violation and  be  granted  two
  weeks  to  correct  such violation in its entirety. If such violation is
  not corrected in its entirety at the end of such  two-week  period,  the
  violation  shall  be  punishable  by  a  civil  penalty  of five hundred
  dollars, and the violator shall be granted an  additional  one  week  in
  which  to  correct  such violation in its entirety. If such violation is
  not corrected in its entirety at the end of such one-week  period,  such
  violation shall be punishable by a civil penalty of one thousand dollars
  per  week  until  such  violation  is  corrected  in  its  entirety. The
  aggregate penalties imposed on an individual person, firm,  corporation,
  partnership, association, limited liability company, or other entity for
  violations  of  this  subdivision  shall  not  exceed four thousand five
  hundred dollars for violations occurring on the same premises.
    5. A violation of subdivision one of this section shall be  punishable
  by  a  civil  fine  not  to  exceed one thousand dollars. A violation of
  subdivision two, three, or four  of  this  section,  if  such  violation
  constitutes the first such offense by such person shall be punishable by
  a civil fine not to exceed two hundred fifty dollars. The second offense
  and any offense committed thereafter shall be punishable by a civil fine
  not to exceed one thousand dollars.
    6.  Whenever there shall be a violation of this section an application
  may be made by the attorney general in the name of  the  people  of  the
  state of New York to a court or justice having jurisdiction by a special
  proceeding  to  issue an injunction, and upon notice to the defendant of
  not less than five days, to enjoin and restrain the continuance of  such
  violation;  and  if  it shall appear to the satisfaction of the court or
  justice  that  the  defendant  has,  in  fact, violated this section, an
  injunction may  be  issued  by  the  court  or  justice,  enjoining  and
  restraining  any  further  violations,  without requiring proof that any
  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
  proceeding,  the  court  may  make allowances to the attorney general as
  provided in paragraph six of subdivision  (a)  of  section  eighty-three
  hundred   three  of  the  civil  practice  law  and  rules,  and  direct
  restitution. In  connection  with  any  such  proposed  application  the
  attorney general is authorized to take proof and make a determination of
  the  relevant  facts and to issue subpoenas in accordance with the civil
  practice law and rules.