N.Y. GBS. LAW § 520-a : NY Code - Section 520-A: Certain credit and debit card transaction forms required

Search N.Y. GBS. LAW § 520-a : NY Code - Section 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 or on any
  attachment thereto, 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 or attachment thereto where (i) such
  information  is  necessary  for  shipping,  delivery  or installation of
  purchased merchandise or for special orders; or (ii) 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.