Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 2602 - Requirement of information prohibited(a) General rule.--No person who accepts credit cards for the transaction of business shall require the credit cardholder to write on the credit card transaction form, nor shall the person write or cause to be written on the form, any personal identification information, including, but not limited to, the credit cardholder's address or telephone number, that is not required by the credit card issuer to complete the credit card transaction, provided, however, that the credit cardholder's address and telephone number may be required on the form where:(1) the information is necessary for shipping, delivery or installation of purchased merchandise, warranties or service maintenance agreements, or for special orders;(2) the person processes credit card transactions by mailing transaction forms to a designated bankcard center for settlement; or(3) the information is necessary to comply with Federal or State law or regulations adopted pursuant thereto.(b) Checks.--No person shall, as a condition of acceptance of a check for the purchase of goods or services, as a means of identification or for any other purpose, require that a person presenting a check produce a credit card number for recordation. No person shall record a credit card number in connection with: (1) a sale of goods or services in which a purchaser pays by check; or(2) the acceptance of a check.(c) Guaranteed checks.--A credit card number may be requested and recorded as a condition for cashing a check where payment of the check is being guaranteed by the credit card issuer and all of the following conditions are met: (1) the person requesting the card has agreed with the issuer to cash checks as a service to the issuer's cardholders;(2) the issuer has agreed to guarantee cardholder checks cashed by that person; and(3) the cardholder has given actual, apparent or implied authority for use of his card number in this manner and for this purpose.(d) Construction of section.--This section shall not be construed to prohibit a person from requesting a purchaser to display a credit card as identification. The only information concerning a credit card which may be recorded when a credit card is being used as identification and the credit card issuer is not guaranteeing payment is the type, the issuer and the expiration date of the credit card. A credit card number may be requested and recorded as a condition for cashing a check where the credit card was issued by the person accepting the check. This section does not require acceptance of a check whether or not a credit card is presented.1992, May 21, P.L. 241, No. 36, § 2, effective in 60 days.