Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 93 of the General Laws is hereby amended by adding under the caption "CONSUMER PRIVACY IN COMMERCIAL TRANSACTIONS." the following two sections:-

Section 104. For purposes of this section and section one hundred and five, the following words shall have the following meanings unless the context otherwise requires or specifically prescribes a different meaning:

"Check", an instrument, draft or order issued or made for the payment of money upon any bank or other depository institution.

"Credit Card", any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit. Credit card shall not include a check guarantee card.

Section 105. (a) No person, firm, partnership, corporation or other business entity that accepts a credit card for a business transaction shall write, cause to be written or require that a credit card holder write personal identification information, not required by the credit card issuer, on the credit card transaction form. Personal identification information shall include, but shall not be limited to, a credit card holder's address or telephone number. The provisions of this section shall apply to all credit card transactions; provided, however, that the provisions of this section shall not be construed to prevent a person, firm, partnership, corporation or other business entity from requesting information is necessary for shipping, delivery or installation of purchased merchandise or services or for a warranty when such information is provided voluntarily by a credit card holder.

(b) No person, firm, partnership, corporation or other business entity accepting a check in any business or commercial transaction as payment in full or in part for goods or services shall do any of the following:

(1) Require, as a condition of acceptance of such check, that the person presenting such check provide a credit card number, or any personal identification information other than a name, address, motor vehicle operator license number or state identification card number of such person and telephone number, all of which may be recorded; provided, however, that the person, firm, partnership, corporation or other business entity accepting such check may verify the signature, name, and expiration date on a credit card; provided further, that in complying with a request to provide a telephone number, the person paying with a check may provide either a home telephone number or a telephone number where such person may be called during daytime hours.

(2) Require, as a condition of acceptance a check, or cause a person paying with such check to sign a statement agreeing to allow a credit card to be charged to cover the amount of such check.

(3) Contact a credit card issuer or otherwise access a credit card account balance to determine if the amount of any credit available to the person paying with a check will cover the amount of such check.

(4) Require, as a condition of acceptance of the check, that a person's credit card number be recorded in connection with any part of a transaction.

(5) Record on a check, or require a person paying with a check to record on such check, any information regarding the race of such person.

(c) Subsection (b) shall not prohibit any person from doing any of the following:

(1) requesting, receiving, or recording a credit card number in lieu of requiring a cash deposit to secure payment in event of default, loss, damage or other occurrence; or

(2) recording a credit card number and expiration date as a condition for cashing or accepting a check where such person has agreed with the card issuer to cash or accept checks from the issuer's card holders and where the issuer guarantees such card holder checks cashed or accepted by such person.

(d) Any violation of the provisions of this chapter shall be deemed to be an unfair and deceptive trade practice, as defined in section two of chapter ninety-three A. An individual aggrieved by a violation of the provisions of this section may notify the executive office of consumer affairs or the office of the attorney general. The executive office of consumer affairs is authorized to promulgate rules or regulations necessary to enforce the provisions of this section.