Prohibited Use of Purchaser's Credit Card Information by Merchant

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Deceptive or Unfair Practices
  6. Fair Business Practices Act
  7. Prohibited Use of Purchaser's Credit Card Information by Merchant

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  1. As used in this Code section, the term "merchant" means any person who offers goods, wares, merchandise, or services for sale to the public and shall include an employee of a merchant.
  2. A merchant shall be prohibited from requiring a purchaser to provide the purchaser's personal or business telephone number as a condition of purchase when payment for the transaction is made by credit card.
  3. A merchant shall be prohibited from using a purchaser's credit card to imprint the information contained on the credit card on the face or back of a check or draft from the purchaser as a condition of acceptance of such check or draft as payment for a purchase.
  4. A merchant shall be prohibited from recording in any manner the number of a purchaser's credit card as a condition of acceptance of a check or draft of the purchaser as payment for a purchase.
  5. Any merchant who violates the provisions of this Code section shall be subject to the penalties provided in this part.
  6. This Code section shall not prohibit a merchant from:
    1. Recording a credit card number and expiration date as a condition to cashing or accepting a check where the merchant has agreed with the credit card issuer to cash or accept such checks as a service to the issuer's cardholders and the issuer has agreed with the merchant to guarantee payment of all cardholder checks cashed or accepted by the merchant;
    2. 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;
    3. Recording on the check or elsewhere the type of credit or charge card displayed for the purposes of paragraph (2) of this subsection and the credit or charge card expiration date; or
    4. Recording the address or telephone number of a credit cardholder if the information is necessary for the shipping, delivery, or installation of consumer goods or for special orders of consumer goods or services.
  7. This Code section shall not require acceptance of a check or draft because a credit card is presented.

(Code 1981, §10-1-393.3, enacted by Ga. L. 1991, p. 1101, § 1; Ga. L. 1992, p. 6, § 10; Ga. L. 2015, p. 1088, § 2/SB 148.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, in subsection (f), a semicolon was substituted for the period at the end of paragraph (f)(1) and a comma was deleted following "identification" in paragraph (f)(2).

Editor's notes.

- Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.

Law reviews.

- For note on 1991 enactment of this Code section, see 8 Ga. St. U.L. Rev. 7 (1992). For comment, "The Georgia Fair Business Practices Act: Business As Usual," see 9 Ga. St. U.L. Rev. 453 (1993).


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