NY Gen Bus L § 520-A (2021)
2021 New York Laws GBS - General Business Article 29-A - Unauthorized or Improper Use of Credit Cards and Debit Cards 520-A - Certain Credit and Debit Card Transaction Forms Required.

§  520-a. Certain credit and debit card transaction forms required. 1.   Any person, firm, partnership, association or corporation  which  issues   forms used for credit or debit card transactions between the credit card   or  debit  card holder and seller, shall only issue such credit or debit   card forms, except  for  such  forms  utilized  for  a  special  purpose   incidental  but  related  to  the  actual  purchase  and  sale agreement   including but not  limited  to  shipping,  delivery  or  installment  of   purchased merchandise or special orders, which:a. are carbonless; orb.  after  the transaction is complete, do not render a separate piece   of paper, carbon or otherwise, which readily identifies  the  cardholder   by  name  or  number,  other than those necessary for use by the seller,   credit or debit card holder and issuer to complete the credit  or  debit   card transaction.2.  Any  person,  firm,  partnership, association or corporation which   accepts credit or debit cards used for credit or debit card transactions   between the credit card or debit card holder and seller, shall only  use   credit  or debit card forms except for such forms utilized for a special   purpose incidental but related to the actual purchase and sale agreement   including but not  limited  to  shipping,  delivery  or  installment  of   purchased merchandise or special orders, which:a. are carbonless; orb.  after  the transaction is complete, do not render a separate piece   of paper, carbon or otherwise, which readily identifies  the  cardholder   by  name  or  number,  other than those necessary for use by the seller,   credit card or debit card holder and issuer to complete  the  credit  or   debit  card  transaction.  No  person, firm, partnership, association or   corporation which accepts credit or debit cards for the  transaction  of   business  shall  be  deemed  to  have  violated  the  provisions of this   subdivision,  if  such  person,  firm,   partnership,   association   or   corporation  shows by a preponderance of evidence that the violation was   not intentional and resulted from bona fide error  made  notwithstanding   the  maintenance  of  procedures  reasonably  adopted  to avoid any such   error.3. No person, firm, partnership or corporation which accepts credit or   debit cards for the transaction of business shall require the credit  or   debit card holder to write on the credit or debit card transaction form,   nor  shall  it  write  or  cause  to  be  written on such form or on any   attachment thereto, any personal identification  information,  including   but  not  limited  to  the  credit  or  debit  card  holder's address or   telephone number, that is not required  by  the  credit  or  debit  card   issuer  to  complete  the  credit  or  debit card transaction; provided,   however, that the credit or debit card holder's  address  and  telephone   number may be required on such form or attachment thereto where (i) such   information  is  necessary  for  shipping,  delivery  or installation of   purchased merchandise or for special orders; or (ii) the  person,  firm,   partnership  or  corporation processes credit or debit card transactions   by mailing  transaction  forms  to  a  designated  bankcard  center  for   settlement.4.  No  person,  firm,  partnership,  association or corporation which   accepts a personal check, gift certificate, traveler's  check  or  money   order  in payment for goods or services used or bought for use primarily   for personal, family or household purposes, and which as a condition  of   such  acceptance  requires that the check drawer or redeemer of the gift   certificate, traveler's check or money order provide a credit or  charge   card,  shall record on such check, gift certificate, traveler's check or   money order or elsewhere, the  card  account  number.  Nothing  in  this   subdivision   shall   be   construed   to  prohibit  any  person,  firm,    partnership,  association  or  corporation,  as  a  condition  for   the   acceptance of a check, gift certificate, traveler's check or money order   in  payment  for  goods  or services from: (i) requesting a purchaser to   display  a  credit or charge card as a means of identification, or as an   indication of credit worthiness or  financial  responsibility;  or  (ii)   recording  on  the  check,  gift  certificate, traveler's check or money   order the type of credit or charge card so displayed and/or  the  credit   or  charge card expiration date; provided, further, that nothing in this   subdivision shall require any business entity to accept  a  check,  gift   certificate,  traveler's  check  or  money order in payment for goods or   services whether or not a credit or charge card is displayed.4-a. a. No person, firm, partnership, association,  limited  liability   company,  corporation,  or  other entity that accepts charge, credit, or   debit cards for the transaction of business shall print  the  expiration   date  of  the  charge, credit, or debit card nor shall any person, firm,   corporation, partnership, association,  limited  liability  company,  or   other entity print more than the last five digits of the charge, credit,   or  debit  card  account  number  upon  any receipt provided to the card   holder.b.  This  subdivision  shall  apply  only   to   receipts   that   are   electronically  printed and shall not apply to transactions in which the   sole means of recording the  person's  charge,  credit,  or  debit  card   number is by handwriting or by an imprint or copy of the credit card.c.  The  provisions  of  this  subdivision  shall  apply  to  all cash   registers or other  machines  or  devices,  which  electronically  print   receipts for charge, credit, or debit card transactions, that are placed   in service on or after January first, two thousand four.d.   For  all  cash  registers  or  other  machines  or  devices  that   electronically  print  receipts  for  charge,  credit,  or  debit   card   transactions  in  service prior to January first, two thousand four, the   provisions of this subdivision shall not apply until January first,  two   thousand seven.e.  A  person,  firm,  corporation,  partnership, association, limited   liability company, or other entity who violates this  subdivision  shall   be  given  notice  with specificity of such violation and be granted two   weeks to correct such violation in its entirety. If  such  violation  is   not  corrected  in  its entirety at the end of such two-week period, the   violation shall be  punishable  by  a  civil  penalty  of  five  hundred   dollars,  and  the  violator  shall be granted an additional one week in   which to correct such violation in its entirety. If  such  violation  is   not  corrected  in its entirety at the end of such one-week period, such   violation shall be punishable by a civil penalty of one thousand dollars   per week  until  such  violation  is  corrected  in  its  entirety.  The   aggregate  penalties imposed on an individual person, firm, corporation,   partnership, association, limited liability company, or other entity for   violations of this subdivision  shall  not  exceed  four  thousand  five   hundred dollars for violations occurring on the same premises.5.  A violation of subdivision one of this section shall be punishable   by a civil fine not to exceed  one  thousand  dollars.  A  violation  of   subdivision  two,  three,  or  four  of  this section, if such violation   constitutes the first such offense by such person shall be punishable by   a civil fine not to exceed two hundred fifty dollars. The second offense   and any offense committed thereafter shall be punishable by a civil fine   not to exceed one thousand dollars.6. Whenever there shall be a violation of this section an  application   may  be  made  by  the attorney general in the name of the people of the   state of New York to a court or justice having jurisdiction by a special   proceeding to issue an injunction, and upon notice to the  defendant  of    not  less than five days, to enjoin and restrain the continuance of such   violation; and if it shall appear to the satisfaction of  the  court  or   justice  that  the  defendant  has,  in  fact, violated this section, an   injunction  may  be  issued  by  the  court  or  justice,  enjoining and   restraining any further violations, without  requiring  proof  that  any   person  has,  in  fact,  been  injured  or  damaged thereby. In any such   proceeding, the court may make allowances to  the  attorney  general  as   provided  in  paragraph  six  of subdivision (a) of section eighty-three   hundred  three  of  the  civil  practice  law  and  rules,  and   direct   restitution.  In  connection  with  any  such  proposed  application the   attorney general is authorized to take proof and make a determination of   the relevant facts and to issue subpoenas in accordance with  the  civil   practice law and rules.