2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 390-E*2 - Skimming Awareness Notice.

* §  390-e.  Skimming  awareness  notice.  1. For the purposes of this
section, the following terms shall have the following meanings:
(a) "electronic benefit transfer card" means  any  medical  assistance
card,  payment  access  card pursuant to subdivision nine of section one
hundred  thirty-one  of  the  social  services   law,   or   any   other
identification, authorization card or electronic access device issued by
the  state or a social services district as defined in subdivision seven
of section two of the social services law by which a person  may  access
their  medical assistance, supplemental nutrition assistance program, or
public assistance benefits under  a  local,  state  or  federal  program
administered by the state, its political subdivisions or social services
districts; and
(b)  "skimming"  shall  be  defined as obtaining a consumer's personal
identifying information as defined in subdivision one of section  190.77
of  the  penal  law  through  the  use of a skimmer device as defined in
subdivision two of section 190.85 of the penal law.
2. Notwithstanding any other law to the contrary, every person,  firm,
partnership,  association  or  corporation  who  is  engaged  in a sales
transaction and accepts electronic benefit transfer cards shall place  a
sign  at  the point of sale containing a notice regarding skimming. Such
sign shall include: (a) a link to a web page maintained by the office of
temporary and disability assistance  with  information  for  victims  of
electronic  benefit  transfer  scams,  including,  but  not  limited to,
skimming; (b) steps  customers  can  take  to  protect  themselves  from
skimming;  (c) an appropriate contact number as determined by the office
of temporary and disability assistance  to  report  that  an  electronic
benefit  transfer  card was compromised and to disable and request a new
electronic benefit transfer card;  and  (d)  a  request  to  notify  law
enforcement  if  a  skimmer  device  appears to be in use. The office of
temporary and disability assistance shall make available on its  website
a  model  sign  as  required  by  subdivision six of section one hundred
fifty-two-d of the social services law that such establishments may  use
to comply with the provisions of this section.
3.  (a)  Any person, firm, partnership, association or corporation who
fails to comply with the requirements of this section shall be  assessed
a  civil  penalty  not  to exceed two hundred fifty dollars per point of
sale which lacks the notice required pursuant to subdivision two of this
section for the second and each separate subsequent offense.
(b) If the notice required pursuant to subdivision two of this section
has been provided and such notice is subsequently removed,  damaged,  or
altered  by  any  person  other  than the person or entities required to
provide such notice, such person or entities shall have no liability for
a failure to comply with subdivision two of this section as long as such
notice is replaced within ten business days from such person or entities
becoming aware of the defect.
* NB There are 2 § 390-e's