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BILL AS INTRODUCED 2007-2008

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H.624

ntroduced by    Representatives Ojibway of Hartford, Clerkin of Hartford, Courcelle of Rutland City, Keogh of Burlington, Leriche of Hardwick, Mitchell of Barnard and Mrowicki of Putney

Referred to Committee on

Date:

Subject:  Commerce and trade; consumer fraud; credit and debit card number truncation

Statement of purpose:  This bill proposes to require that the merchant's copy of a credit or debit card receipt show a truncated card number.

AN ACT RELATING TO CREDIT AND DEBIT CARD NUMBER TRUNCATION

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. § 2480o is added to read:

§ 2480o.  CREDIT AND DEBIT CARD NUMBER TRUNCATION

(a)  Except as provided in this section, no person that accepts credit or debit cards for the transaction of business shall print more than the last five digits of the credit or debit card account number or the expiration date upon any of the following:
(1)  Any receipt provided to the cardholder.
(2)  Any receipt retained by the person which is printed at the time of the purchase, exchange, refund, or return and which is signed by the cardholder. 
(3)  Any receipt retained by the person which is printed at the time of the purchase, exchange, refund, or return but is not signed by the cardholder because the cardholder used a personal identification number to complete the transaction.
(b)  This section shall apply only to receipts that include a credit or debit card account number that are electronically printed and shall not apply to transactions in which the sole means of recording the person’s credit or debit card account number is by handwriting or by an imprint or copy of the credit or debit card.
(c)  This section shall not apply to documents other than the receipts described in subdivisions (a)(1)–(3) of this section, used for internal administrative purposes.
(d)  A violation of this section is an unfair or deceptive act or practice in commerce and a violation of section 2453 of this title.

(e)  The attorney general shall make rules and regulations when necessary and proper to carry out the purposes of this section.  The rules and regulations shall not be inconsistent with the rules, regulations, and decisions of the Federal Trade Commission or with the decisions of the courts of the United States construing federal anti-trust law.

(f)  The attorney general has the same authority to conduct civil investigations and enter into assurances of discontinuance as provided under subchapter 1 of this chapter.

(g)  A person aggrieved by a violation of this section or a violation of rules adopted under this section may bring an action in superior court for appropriate relief under subsection 2461(b) of this title.

(h)  This section shall not be construed to limit rights or remedies available to a person under any other law.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us