Bill Text: MA H259 | 2009-2010 | 186th General Court | Introduced
Bill Title: Consumer identity verification prior to the issuance of credit cards
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 5/12 at 10:00 AM in Hearing Room B2 [H259 Detail]
Download: Massachusetts-2009-H259-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Bradley H. Jones, Jr., George N. Peterson, Jr.
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to the verification of consumers' identity prior to the issuance of a credit card.
_______________
PETITION OF:
Name: |
District/Address: |
Viriato Manuel deMacedo |
1st Plymouth |
Bradley H. Jones, Jr. |
20th Middlesex |
George N. Peterson, Jr. |
9th Worcester |
Elizabeth Poirier |
14th Bristol |
F. Jay Barrows |
1st Bristol |
Paul K. Frost |
7th Worcester |
Susan Williams Gifford |
2nd Plymouth |
Bradford R. Hill |
4th Essex |
Richard J. Ross |
9th Norfolk |
Todd M. Smola |
1st Hampden |
Robert S. Hargraves |
1st Middlesex |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE HOUSE, NO. 255 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to the verification of consumers' identity prior to
the issuance of a credit card.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1: Section 15A of chapter 140D of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding at the end thereof the following paragraph:—
Any card issuer who receives an acceptance from a consumer residing in the commonwealth of an offer of credit by any application form or pre-approved written solicitation for an open-end credit plan mailed or distributed to such consumer in accordance with this section, whether such issuer is located within or without the commonwealth, that lists the address of the consumer accepting the offer as different from the address to which the offer was sent shall prior to issuing or directing issuances of the credit card, verify that the consumer accepting the offer is the same consumer to whom the offer was sent. For the purposes of this section, a card issuer shall be deemed to have verified that the consumer accepting the offer is the same consumer to whom the offer was sent if:
(1) A consumer responding at a telephone number appearing in a publicly available directory or database as the telephone number of the consumer to whom the solicitation was mailed identifies himself as the consumer to whom the solicitation was mailed and acknowledges the consumer’s acceptance of the solicitation; or
(2) A consumer presents the card issuer, including presentation by facsimile transmission or mail, the original or a copy of one or more documents, including a driver’s license, social security card, passport, or any other identification document issued by a state or federal governmental agency, that, on the face of the document or documents, appears to confirm such consumer’s identity as the consumer to whom a solicitation was mailed and the consumer acknowledges acceptance of the offer in question; or
(3) The solicitor verified, by any means adopted in federal regulations, that the consumer accepting the solicitation is the consumer to whom the solicitation was directed.