407.433. Protection of credit card and debit card account numbers, prohibited actions, penalty, exceptions--effective date, applicability.
Protection of credit card and debit card account numbers, prohibitedactions, penalty, exceptions--effective date, applicability.
407.433. 1. No person, other than the cardholder, shall:
(1) Disclose more than the last five digits of a credit card or debitcard account number on any sales receipt provided to the cardholder formerchandise sold in this state;
(2) Use a scanning device to access, read, obtain, memorize, orstore, temporarily or permanently, information encoded on the magneticstrip or stripe of a credit or debit card without the permission of thecardholder and with the intent to defraud any person, the issuer, or amerchant; or
(3) Use a reencoder to place information encoded on the magneticstrip or stripe of a credit or debit card onto the magnetic strip or stripeof a different card without the permission of the cardholder from which theinformation is being reencoded and with the intent to defraud any person,the issuer, or a merchant.
2. Any person who knowingly violates this section is guilty of aninfraction and any second or subsequent violation of this section is aclass A misdemeanor.
3. It shall not be a violation of subdivision (1) of subsection 1 ofthis section if:
(1) The sole means of recording the credit card number or debit cardnumber is by handwriting or, prior to January 1, 2005, by an imprint of thecredit card or debit card; and
(2) For handwritten or imprinted copies of credit card or debit cardreceipts, only the merchant's copy of the receipt lists more than the lastfive digits of the account number.
4. This section shall become effective on January 1, 2003, andapplies to any cash register or other machine or device that prints orimprints receipts of credit card or debit card transactions and which isplaced into service on or after January 1, 2003. Any cash register orother machine or device that prints or imprints receipts on credit card ordebit card transactions and which is placed in service prior to January 1,2003, shall be subject to the provisions of this section on or afterJanuary 1, 2005.
(L. 2002 S.B. 895, A.L. 2003 H.B. 221 merged with S.B. 292 merged with S.B. 346)