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Section: 407.0433 Protection of credit card and debit card account numbers, prohibited actions, penalty, exceptions--effective date, applicability. RSMO 407.433


Published: 2015

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Missouri Revised Statutes













Chapter 407

Merchandising Practices

←407.432

Section 407.433.1

407.434→

August 28, 2015

Protection of credit card and debit card account numbers, prohibited actions, penalty, exceptions--effective date, applicability.

407.433. 1. No person, other than the cardholder, shall:



(1) Disclose more than the last five digits of a credit card or debit

card account number on any sales receipt provided to the cardholder for

merchandise sold in this state;



(2) Use a scanning device to access, read, obtain, memorize, or store,

temporarily or permanently, information encoded on the magnetic strip or

stripe of a credit or debit card without the permission of the cardholder and

with the intent to defraud any person, the issuer, or a merchant; or



(3) Use a reencoder to place information encoded on the magnetic strip

or stripe of a credit or debit card onto the magnetic strip or stripe of a

different card without the permission of the cardholder from which the

information is being reencoded and with the intent to defraud any person, the

issuer, or a merchant.



2. Any person who knowingly violates this section is guilty of an

infraction and any second or subsequent violation of this section is a class

A misdemeanor.



3. It shall not be a violation of subdivision (1) of subsection 1 of this

section if:



(1) The sole means of recording the credit card number or debit card

number is by handwriting or, prior to January 1, 2005, by an imprint of the

credit card or debit card; and



(2) For handwritten or imprinted copies of credit card or debit card

receipts, only the merchant's copy of the receipt lists more than the last

five digits of the account number.



4. This section shall become effective on January 1, 2003, and applies to

any cash register or other machine or device that prints or imprints receipts

of credit card or debit card transactions and which is placed into service on

or after January 1, 2003. Any cash register or other machine or device that

prints or imprints receipts on credit card or debit card transactions and

which is placed in service prior to January 1, 2003, shall be subject to the

provisions of this section on or after January 1, 2005.



(L. 2002 S.B. 895, A.L. 2003 H.B. 221 merged with S.B. 292 merged

with S.B. 346)





2003



2003



407.433. 1. No person, other than the cardholder, shall:



(1) Disclose more than the last five digits of a credit card or debit

card account number on any sales receipt for merchandise sold in this

state;



(2) Use a scanning device to access, read, obtain, memorize, or

store, temporarily or permanently, information encoded on the magnetic

strip or stripe of a credit or debit card without the permission of the

cardholder and with the intent to defraud any person, the issuer, or a

merchant; or



(3) Use a reencoder to place information encoded on the magnetic

strip or stripe of a credit or debit card onto the magnetic strip or stripe

of a different card without the permission of the cardholder from which the

information is being reencoded and with the intent to defraud any person,

the issuer, or a merchant.



2. Any person who knowingly violates this section is guilty of an

infraction and any second or subsequent violation of this section is a

class A misdemeanor.



3. It shall not be a violation of subdivision (1) of subsection 1 of

this section if:



(1) The sole means of recording the credit card number or debit card

number is by handwriting or, prior to January 1, 2005, by an imprint of the

credit card or debit card; and



(2) For handwritten or imprinted copies of credit card or debit card

receipts, only the merchant's copy of the receipt lists more than the last

five digits of the account number.



4. This section shall become effective on January 1, 2003, and

applies to any cash register or other machine or device that prints or

imprints receipts of credit card or debit card transactions and which is

placed into service on or after January 1, 2003. Any cash register or

other machine or device that prints or imprints receipts on credit card or

debit card transactions and which is placed in service prior to January 1,

2003, shall be subject to the provisions of this section on or after

January 1, 2005.



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