Texas Business & Commerce Code - Section 35.61. Business Receipt Containing Credit Card Or Debit Card Information
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.61. Business Receipt Containing Credit Card Or Debit Card Information
§ 35.61. BUSINESS RECEIPT CONTAINING CREDIT CARD OR DEBIT
CARD INFORMATION. (a) This section does not apply to a transaction
in which the sole means of recording a person's credit card or debit
card account number on a receipt or other document evidencing the
transaction is by handwriting or by an imprint or copy of the credit
card or debit card.
(b) A person that accepts a credit card or debit card for the
transaction of business may not print more than the last four digits
of the credit card or debit card account number or the month and
year of the credit card's or debit card's expiration date on a
receipt or other document that evidences the transaction and that
is provided to a cardholder.
(c) A person who provides, leases, or sells a cash register
or other machine used to print receipts or other documents
evidencing credit card or debit card transactions shall provide
notice of the requirements of this section to the recipient,
lessee, or buyer, as applicable, of the machine.
(d) A court may not certify an action brought under this
section as a class action.
(e) A person who violates Subsection (b) is liable to the
state for a civil penalty in an amount not to exceed $500 for each
calendar month during which a violation occurs. The civil penalty
may not be imposed for more than one violation that occurs in a
month. 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 Subsection
(b).
Added by Acts 2003, 78th Leg., ch. 808, § 1, eff. Sept. 1, 2003.
Renumbered from V.T.C.A., Bus. & C. Code § 35.58 by Acts 2005,
79th Leg., ch. 728, § 23.001(4), eff. Sept. 1, 2005.
Section: 35.58 35.581 35.581 35.585 35.59 35.591 35.60 35.61 35.62 35.71 35.72 35.721 35.722 35.73 35.74
Last modified: August 10, 2007
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