PRINTER'S NO. 4062
No. 2913 Session of 1996
INTRODUCED BY LYNCH, GEIST, ITKIN, FARGO, STABACK, SCHULER,
HESS, BLAUM, SAYLOR, NICKOL, PHILLIPS, TRAVAGLIO, READSHAW,
BROWN, BOSCOLA, DONATUCCI, BELFANTI, LEH, PETTIT, FICHTER,
FARMER, STEELMAN, HARHART, ROHRER, TRELLO, RAMOS AND
YOUNGBLOOD, OCTOBER 1, 1996
REFERRED TO COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT,
OCTOBER 1, 1996
AN ACT
1 Amending the act of May 21, 1992 (P.L.241, No.36), entitled "An
2 act prohibiting persons who accept credit cards for the
3 transaction of business from requiring certain additional
4 information from the credit cardholder; providing for
5 enforcement of the act; and imposing civil penalties,"
6 enlarging the scope of the act; and further providing for
7 requirement of information.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title and section 2 of the act of May 21,
11 1992 (P.L.241, No.36), referred to as the Credit Card
12 Information Act, are amended to read:
13 AN ACT
14 Prohibiting persons who accept credit cards for the transaction
15 of business or checks for the purchase of goods or services
16 from requiring certain additional information from the credit
17 cardholder; providing for enforcement of the act; and
1 imposing civil penalties.
2 Section 2. Requirement of information prohibited.
3 (a) General rule.--No person who accepts credit cards for
4 the transaction of business shall require the credit cardholder
5 to write on the credit card transaction form, nor shall the
6 person write or cause to be written on the form, any personal
7 identification information, including, but not limited to, the
8 credit cardholder's social security number, address or telephone
9 number, that is not required by the credit card issuer to
10 complete the credit card transaction, provided, however, that
11 the credit cardholder's address and telephone number may be
12 required on the form where:
13 (1) the information is necessary for shipping, delivery
14 or installation of purchased merchandise, warranties or
15 service maintenance agreements, or for special orders;
16 (2) the person processes credit card transactions by
17 mailing transaction forms to a designated bankcard center for
18 settlement; or
19 (3) the information is necessary to comply with Federal
20 or State law or regulations adopted pursuant thereto.
21 (b) Checks.--No person shall, as a condition of acceptance
22 of a check for the purchase of goods or services, as a means of
23 identification or for any other purpose, require that a person
24 presenting a check produce a credit card number or social
25 security number for recordation. No person shall record a credit
26 card number in connection with:
27 (1) a sale of goods or services in which a purchaser
28 pays by check; or
29 (2) the acceptance of a check.
30 (c) Guaranteed checks.--A credit card number may be
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1 requested and recorded as a condition for cashing a check where
2 payment of the check is being guaranteed by the credit card
3 issuer and all of the following conditions are met:
4 (1) the person requesting the card has agreed with the
5 issuer to cash checks as a service to the issuer's
6 cardholders;
7 (2) the issuer has agreed to guarantee cardholder checks
8 cashed by that person; and
9 (3) the cardholder has given actual, apparent or implied
10 authority for use of his card number in this manner and for
11 this purpose.
12 (d) Construction of section.--This section shall not be
13 construed to prohibit a person from requesting a purchaser to
14 display a credit card as identification. The only information
15 concerning a credit card which may be recorded when a credit
16 card is being used as identification and the credit card issuer
17 is not guaranteeing payment is the type, the issuer and the
18 expiration date of the credit card. A credit card number may be
19 requested and recorded as a condition for cashing a check where
20 the credit card was issued by the person accepting the check.
21 This section does not require acceptance of a check whether or
22 not a credit card is presented.
23 Section 2. This act shall take effect in 60 days.
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