TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 51

IDENTITY THEFT

28-51-103.  Payment card receipts. (1) As used in this section, the term:

(a)  "Cardholder" means a person or organization named on the face of a payment card to whom or for whose benefit the payment card is issued.

(b)  "Merchant" means a person or organization who receives from a cardholder a payment card, or information from a payment card, as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from the person or organization.

(c)  "Payment card" means a credit card, charge card, debit card, or any other card that is issued to a cardholder and that allows the cardholder to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.

(2)  A merchant who accepts a payment card for the transaction of business may not print more than the last five (5) digits of the payment card’s account number or print the payment card’s expiration date on a receipt provided to the cardholder. This subsection does not apply to a transaction in which the sole means of recording the payment card’s account number or expiration date is by handwriting or by an imprint or copy of the payment card. Effective January 1, 2004, this section applies to all receipts that are electronically printed using a cash register or other machine or device that is first used on or after July 1, 2003. Effective January 1, 2005, this section applies to all receipts that are electronically printed, including those printed using a cash register or other machine or device that is first used before July 1, 2003.

(3)  A merchant who violates this section shall be subject to a civil penalty of not more than two hundred fifty dollars ($250) for the first violation and one thousand dollars ($1,000) for a second or subsequent violation. An action to recover the civil penalty may be brought by a prosecuting attorney. If the prosecuting attorney does not file an action for such a civil penalty within sixty (60) days from the date the violation is reported by the cardholder whose payment card number was printed on a receipt in violation of this section, the cardholder may file such action. Venue for an action under this section shall be in the county in which the transaction occurred or the county in which the cardholder resides or the county in which the merchant has its principal place of business in this state.

The penalties provided in this section are in addition to any other remedy at law or equity available to a cardholder.

Any civil penalty imposed pursuant to this section shall be deposited in the state general fund. Attorney’s fees shall be paid solely to the party successfully bringing the action.

History:

[28-51-103, added 2003, ch. 134, sec. 2, p. 391.]