Chapter 31A. Use of Consumer Identification Information.
§ 47–3151. Definitions.
For the purposes of this chapter, the term:
(1) “Drawer” means an individual who makes or signs a check or other draft, but not including a credit or debit card sales draft.
(2) “Sale” means any:
(A) Offer, or attempt to sell merchandise, real property, or intangibles for cash or credit; or
(B) Service or offer for service which relates to any person, building, or equipment.
(3) “Service” means any:
(A) Building repair or improvement service;
(B) Subprofessional service;
(C) Repair of a motor vehicle, home appliance, or other similar commodity; or
(D) Repair, installation, or other servicing of any plumbing, heating, electrical, or mechanical device.
§ 47–3152. Use of credit card information in connection with payment by check.
(a) No person shall imprint the information contained on a drawer’s credit card or other form of identification on the face or on the back of a check used as payment for goods or services, nor shall any person record in any manner the number of a drawer’s credit card or other form of identification as a condition to accepting a check as payment for the sale of goods or services. Nothing herein shall be deemed to prohibit a person from requesting, but not requiring, that a drawer voluntarily display a credit card or other form of identification as an additional form of identification, provided that the only information recorded concerning the credit card or other form of identification is the type of credit card or other form of identification so displayed and its expiration date where applicable.
(b) Where a second form of identification is requested, the merchant must inform the purchaser of the range of acceptable second forms of identification and post a listing of the range of acceptable second forms of identification in at least one location clearly visible to the purchaser within the merchant’s place of business.
§ 47–3153. Use of consumer identification information in connection with credit card payments.
(a) Except as provided in subsection (b) of this section, no person shall, as a condition of accepting a credit card as payment for a sale of goods or services, request or record the address or telephone number of a credit card holder on the credit card transaction form.
(b) A person may record the address or telephone number of a credit card holder if the information is necessary for the shipment, delivery, or installation of consumer goods, or special orders of consumer goods or services.
§ 47–3154. Penalties.
(a) Any person aggrieved by a violation of § 47-3152 or § 47-3153 shall be entitled to institute an action to recover actual damages or $500, whichever is greater, and for injunctive relief against any person who has engaged in any act in violation of this chapter.
(b) In the event the aggrieved party prevails, reasonable attorney’s fees and court costs may be awarded in addition to any damages awarded.
(c) This section shall not be construed to impose liability on any employee or agent of an employer when that employee or agent has acted in accordance with the direction of his or her employer.
