11-33.1 - (Repealed effective October 1, 2010) Production of credit card number as condition of check cashing or acceptance prohibited.
§ 11-33.1. (Repealed effective October 1, 2010) Production of credit cardnumber as condition of check cashing or acceptance prohibited.
A. As used in this section, the term "person" means any individual,corporation, partnership, or association.
B. Except as otherwise provided in subsection E, no person shall, as a meansof identification or for any other purpose, require that a person produce acredit card number for recordation or record a credit card number inconnection with (i) a sale of goods or services in which a purchaser pays bycheck or (ii) the acceptance of a check.
C. A person aggrieved by a violation of this section shall be entitled toinstitute an action to recover his actual damages or $100, whichever isgreater, and to injunctive relief against any person who has engaged, isengaged, or is about to engage in any act in violation of this section. Suchaction shall be brought in the general district or circuit court, whicheveris appropriate, of any county or city wherein the defendant resides or has aplace of business. In the event the aggrieved party prevails, he may beawarded reasonable attorney's fees and court costs in addition to any damagesawarded.
D. This section shall not be construed to (i) impose liability on anyemployee or agent of a person, where that employee or agent has acted inaccordance with the directions of his employer, (ii) prohibit a person fromrequesting a purchaser to display a credit card as an indication ofcreditworthiness or financial responsibility or as identification, and inthese instances the type, the issuer, and the expiration date of the creditcard may be recorded, or (iii) require acceptance of a check, whether or nota credit card is presented.
E. A person may require production of and may record a credit card number asa condition for cashing a check only where (i) the person requesting the cardnumber has agreed with the issuer to cash checks as a service to the issuer'scardholders, (ii) the issuer has agreed to guarantee cardholder checks cashedby that person, and (iii) the cardholder has given actual, apparent, orimplied authority for use of his card number in this manner and for thispurpose.
(1990, c. 587.)