Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 88-H.F.No. 238
An act relating to consumer protection; prohibiting
the provision of a credit card number as a condition
of check cashing or acceptance; prohibiting certain
uses of consumer identification information; proposing
coding for new law in Minnesota Statutes, chapter 325F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [325F.981] [CHECK CASHING PRACTICES.]
Subdivision 1. [PROVISION OF CREDIT CARD NUMBER.] A person
shall not require as a condition of acceptance of a check, or as
a means of identification, that the person presenting the check
provide a credit card number.
Subd. 2. [DISPLAY WITHOUT RECORDATION.] Subdivision 1 does
not prohibit a person from requesting the person presenting the
check to display a credit card, but the only information
concerning a credit card which may be recorded is the type and
issuer of the credit card and the expiration date. Subdivision
1 does not require acceptance of a check whether or not a credit
card is presented.
Subd. 3. [EXCEPTION.] A person may require production of
and may record a credit card number as a condition for cashing a
check only if: (1) the person requesting the card number has
agreed with the issuer to cash or accept checks from the
issuer's cardholders; (2) the issuer has agreed to guarantee
cardholder checks cashed or accepted by that person; and (3) the
cardholder has given actual, apparent, or implied authority for
use of the card number in this manner and for this purpose.
Sec. 2. [325F.982] [CONSUMER IDENTIFICATION INFORMATION.]
Subdivision 1. [PROHIBITED USE.] A person may not write
down or request to be written down the address or telephone
number of a credit cardholder on a credit card transaction form
as a condition of accepting a credit card as payment for
consumer credit, goods, or services.
Subd. 2. [EXCEPTION.] A person may record the address or
telephone number of a credit cardholder if the information is
necessary for the shipping, delivery, or installation of
consumer goods, or special orders of consumer goods or services.
Presented to the governor May 10, 1991
Signed by the governor May 14, 1991, 3:47 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes