Bill Text: NY A05982 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the personal information of a credit or debit card holder; adds zip code, e-mail address and home, cell and work telephone numbers to the personal information protected.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-06 - advanced to third reading cal.393 [A05982 Detail]

Download: New_York-2019-A05982-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5982
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 26, 2019
                                       ___________
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Consumer Affairs and Protection
        AN ACT to amend the general business law, in relation  to  the  personal
          information of a credit or debit card holder
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 520-a of the general business law,
     2  as amended by chapter 233 of the laws of 2007, is  amended  to  read  as
     3  follows:
     4    3. No person, firm, partnership or corporation which accepts credit or
     5  debit  cards for the transaction of business shall require the credit or
     6  debit card holder to write or electronically  enter  on  the  credit  or
     7  debit  card transaction form, nor shall it write [or], cause to be writ-
     8  ten, or electronically entered on such form or on any attachment  there-
     9  to,  any  personal identification information, including but not limited
    10  to the credit or debit card  holder's  address  [or],  zip  code,  email
    11  address  or  telephone  [number]  numbers, including home, cell and work
    12  telephone numbers, that is not required by  the  credit  or  debit  card
    13  issuer  to  complete  the  credit  or  debit card transaction; provided,
    14  however, that the credit or debit card holder's address,  zip  code  and
    15  telephone  number  may  be required [on such form or attachment thereto]
    16  where (i) such  information  is  necessary  for  shipping,  delivery  or
    17  installation  of  purchased merchandise or for special orders; [or] (ii)
    18  the person, firm, partnership or corporation processes credit  or  debit
    19  card  transactions by mailing transaction forms to a designated bankcard
    20  center for settlement; or (iii) such information is used solely for  the
    21  detection,  investigation or prevention of fraud, theft, identity theft,
    22  criminal activity or enforcement of  terms  of  sale.  Nothing  in  this
    23  subdivision  shall  prevent  a person, firm or corporation which accepts
    24  credit cards or debit cards from requesting that a customer  voluntarily
    25  provide  personal  identification  where  the use of such information is
    26  disclosed to such consumer.
    27    § 2. This act shall take effect on the ninetieth day  after  it  shall
    28  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08693-01-9
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