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Texas Business & Commerce Code - Section 35.581. Merchant Or Third Party Use Of Consumer Driver's License Or Social Security Numbers; Restrictions; Actions; Civil Penalty

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.581. Merchant Or Third Party Use Of Consumer Driver's License Or Social Security Numbers; Restrictions; Actions; Civil Penalty

§ 35.581. MERCHANT OR THIRD PARTY USE OF CONSUMER DRIVER'S 
LICENSE OR SOCIAL SECURITY NUMBERS;  RESTRICTIONS;  ACTIONS;  CIVIL 
PENALTY.  

Text of section as added by Acts 2005, 79th Leg., ch. 946, § 1
	(a)  A merchant or a third party under contract with a 
merchant who requires a consumer returning an item of merchandise 
to provide the consumer's driver's license or social security 
number may use the number or numbers provided by the consumer solely 
for identification purposes if the consumer does not have a valid 
receipt for the item being returned and is seeking a cash, credit, 
or store credit refund.
	(b)  A merchant or third party under contract with a merchant 
may not disclose a consumer's driver's license or social security 
number to any other merchant or third party not involved in the 
initial transaction.
	(c)  A merchant or third party under contract with a merchant 
may only use a consumer's driver's license or social security number 
to monitor, investigate, or prosecute fraudulent return of 
merchandise.
	(d)  A merchant or third party under contract with a merchant 
shall destroy or arrange for the destruction of records containing 
the consumer's driver's license or social security number at the 
expiration of six months from the date of the last transaction.
	(e)  A person who violates this section is liable to the 
state for a civil penalty in an amount not to exceed $500 for each 
violation.  The attorney general or the prosecuting attorney in the 
county in which the violation occurs may bring suit to recover the 
civil penalty imposed under this section.
	(f)  The attorney general may bring an action in the name of 
the state to restrain or enjoin a person from violating this 
section.

Added by Acts 2005, 79th Leg., ch. 946, § 1, eff. Sept. 1, 2005.           

For text of section as added by Acts 2005, 79th Leg., ch. 198, § 
1, see § 35.581, ante.

Last modified: August 10, 2007