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2002 SESSION

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CHAPTER 744 An Act to amend the Code of Virginia by adding a section numbered 11-33.2, relating to charge, credit and debit card numbers. [S 140] Approved April 7, 2002

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 11-33.2 as follows:

§ 11-33.2. Improper use of credit card, debit card and other payment device numbers.

A. No person, firm, partnership, association, or corporation that accepts credit cards, debit cards or other payment devices for the transaction of business shall print (i) more than the last five digits of the credit card number, debit card number or other payment device number or (ii) the expiration date on any receipt provided to the cardholder or holder of the other payment device.

B. This section shall apply only to receipts that are electronically printed and shall not apply to transactions in which the sole means of recording the person's credit card number, debit card number or other payment device number is by handwriting or by an imprint or copy of the credit card, debit card or other payment device.

C. The provisions of this section shall apply to all cash registers or other machines or devices that electronically print receipts for credit card, debit card or other payment device transactions that are placed in service on or after July 1, 2003.

D. For all cash registers or other machines or devices that electronically print receipts for credit card, debit card or other payment device transactions in service prior to July 1, 2003, the provisions of this subsection shall not apply until July 1, 2007.

E. Any violator of this section shall be liable to the cardholder or other payment device holder and the issuer for any damages or expenses, or both, including attorneys' fees, that the cardholder or other payment device holder incurs due to the use of the cardholder's or other payment device holder's credit card, debit card or other payment device without the permission of the cardholder or other payment device holder.