Bill Text: NY A01121 | 2015-2016 | General Assembly | Introduced

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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 17-0)

Status: (Introduced - Dead) 2016-03-03 - advanced to third reading cal.413 [A01121 Detail]

Download: New_York-2015-A01121-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1121
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced  by  M. of A. DINOWITZ, OTIS -- 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01830-01-5
       A. 1121                             2
    1  PROVIDE  PERSONAL  IDENTIFICATION  WHERE  THE USE OF SUCH INFORMATION IS
    2  DISCLOSED TO SUCH CONSUMER.
    3    S  2.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law.