Credit and debit cards: transactions: personal information.

Existing state and federal law regulates the provision of credit and the use of credit cards. The Song-Beverly Credit Card Act of 1971 generally prohibits a person, firm, partnership, association, or corporation that accepts credit cards for the transaction of business from requesting or requiring the cardholder to provide personal identification information, which is then recorded, as a condition to accepting the credit card as payment in full or in part for goods or services, but provides various exceptions to this prohibition. Under existing law, a person who violates the above provisions is subject to specified civil penalties, an action for injunctive relief, or both. This bill would extend the above restrictions regarding the collection of personal identification information to debit cards. The bill would define "debit card" and related terms for these purposes, and would make conforming changes. The bill would permit the collection of personal identification information if the credit card or debit card is being used as part of a layaway transaction. The bill would permit a person, firm, partnership, association, or corporation, including the operator of a commercial Internet Web site or online service, accepting the credit card or debit card in a business transaction to collect personal identification information, as defined, if used for the detection, investigation, or prevention of fraud, theft, identity theft, criminal activity, or enforcement of terms of sale. The bill would also permit the collection of personal identification information if the cardholder is advised, or if it is apparent, that the provision of personal identification information is not a condition to accepting the credit card or debit card as payment in full or in part for goods or services and the cardholder has consented to the collection of the personal identification information. Existing law prohibits a person, firm, partnership, association, corporation, or limited liability company that accepts credit or debit cards for the transaction of business from printing more than the last 5 digits of an individual's credit card or debit card number, or the expiration date, on a transaction receipt, as specified. This bill would revise the above provisions to remove specific references to printed receipts, and would make other conforming changes.