First Substitute S.B. 6

Senator Carlene M. Walker proposes the following substitute bill:

1 RETAILER REQUIREMENTS IN PRINTING
2 FINANCIAL TRANSACTION CARD RECEIPT
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carlene M. Walker
6 This act modifies the Commerce and Trade Code by enacting provisions prohibiting a
7 person from printing more than the last five digits of a financial transaction card account
8 number or the expiration date on a financial transaction card receipt. The act provides a
9 cause of action when a person violates these provisions. This act takes effect on January
10 1, 2004.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 ENACTS:
13 13-37-101, Utah Code Annotated 1953
14 13-37-102, Utah Code Annotated 1953
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 13-37-101 is enacted to read:
17 CHAPTER 37. FINANCIAL TRANSACTION CARD RECEIPTS
18 13-37-101. Definitions -- Financial transaction card receipt requirements.
19 (1) As used in this chapter:
20 (a) "Division" means the Division of Consumer Protection in the Department of
21 Commerce.
22 (b) (i) "Financial transaction card" means any card, code, or other means of access to a
23 person's account issued to a person that allows the person to obtain, purchase, or receive any of
24 the following:
25 (A) goods;

26 (B) services;
27 (C) money; or
28 (D) anything else of value.
29 (ii) "Financial transaction card" includes:
30 (A) a credit card;
31 (B) a credit plate;
32 (C) a bank services card;
33 (D) a banking card;
34 (E) a check guarantee card;
35 (F) a debit card;
36 (G) a telephone credit card; and
37 (H) a device for access as defined in Section 7-16a-102 .
38 (c) "Receipt" means any document related to the transaction of business provided to a
39 person that uses a financial transaction card.
40 (2) A person that accepts a financial transaction card for the transaction of business
41 may not, on a financial transaction card receipt:
42 (a) print more than the last five digits of the financial transaction card account number;
43 or
44 (b) print the financial transaction card expiration date.
45 (3) (a) This section applies only to receipts that are electronically printed.
46 (b) This section does not apply to transactions in which the initial means of recording
47 the financial transaction card number is by:
48 (i) handwriting; or
49 (ii) an imprint or copy of the financial transaction card.
50 Section 2. Section 13-37-102 is enacted to read:
51 13-37-102. Private action.
52 (1) A person may bring an action in any state court of competent jurisdiction against a
53 person that violates any of the requirements of this chapter.
54 (2) In an action under Subsection (1), a person may:
55 (a) recover the amount of any actual damages caused by the violation of this chapter;
56 (b) recover court costs and reasonable attorney fees as determined by the court; and

57 (c) seek to enjoin conduct in violation of this chapter.
58 Section 3. Effective date.
59 This act takes effect on January 1, 2004.