AN ACT

 

1Providing for verification of person accepting offer of credit.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Short title.

5This act shall be known and may be cited as the Credit Card
6Verification Procedure Act.

7Section 2. Verification required.

8A credit card issuer that mails an offer or solicitation to
9receive a credit card and receives an acceptance of that offer
10that lists an address that is different from the address on the
11offer or solicitation shall verify the change of address by
12contacting the person to whom the offer or solicitation was
13mailed before issuing the credit card.

14Section 3. Verification process.

15A credit card issuer shall be deemed to have verified the

1address of a person pursuant to section 2 if the issuer does any
2of the following:

3(1) Telephones the person at a telephone number
4appearing in a publicly available directory or database as
5the telephone number of the person to whom the offer or
6solicitation was made and the person verifies his identity by
7providing identifying information and acknowledges his
8acceptance of the offer or solicitation.

9(2) Receives from the person accepting the offer proof
10of identity in the form of an identification document,
11including, without limitation, a driver's license or
12passport, which confirms that the person accepting the offer
13or solicitation is the person to whom the offer or
14solicitation was made.

15(3) Uses any other commercially reasonable means to
16confirm that the person accepting the offer or solicitation
17is the person to whom the offer or solicitation was made,
18including, without limitation, any means adopted in Federal
19regulations.

20Section 4. Liability for unauthorized use.

21Notwithstanding any other provision of law, a person to whom
22an offer or solicitation to receive a credit card is made shall
23not be liable for the unauthorized use of a credit card issued
24in response to that offer or solicitation if the credit card
25issuer does not verify the change of address pursuant to section
262 prior to the issuance of the credit card, unless the credit
27card issuer establishes that the person actually incurred the
28charge on the credit card.

29Section 5. Change of address.

30When a credit card issuer receives a written or oral request

1for a change of a cardholder's billing address and subsequently
2receives a written or oral request for an additional credit card
3within ten days after the requested change of address, the
4credit card issuer shall not mail the requested additional
5credit card to the new address or, alternatively, activate the
6requested additional card, unless the credit card issuer has
7verified the change of address pursuant to section 3.

8Section 6. Effective date.

9This act shall take effect in 60 days.