CHAPTER 420

FORMERLY

SENATE BILL NO. 496

AN ACT TO AMEND CHAPTER 5, TITLE 11 AND CHAPTER 86, TITLE 29 OF THE DELAWARE CODE RELATING TO PAYMENTS BY CHECK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 5 Subchapter III, Subpart I, Title 11 of the Delaware Code by adding thereto a new section to read as follows:

§915 Use of Credit Card Information

(a) In this section, the following words have the meanings indicated.

(1) 'Drawer' means the individual who makes or signs a check or other draft.

(2) 'Draft' does not include a credit or debit card sales draft.

(b) Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty, or services, a person may not request or record the account number of any credit card of the drawer of the check or other draft.

(c) The provisions of this section do not prohibit a person from:

(1) Requesting the drawer to display a credit card for purposes only of
identification or credit worthiness;

(2) Requesting or recording the type or issuer of a credit card of the drawer; or

(3) Recording the number and expiration date of a credit card if the person requesting the information has agreed with the credit card issuer to cash checks as a service to the issuer's cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person.

(d) Violation of this section is an unclassified misdemeanor."

Section 2. Amend §8612(b)(1), Title 29, Delaware Code by inserting after the phrase "and §1311(2) and (3) of Title 11 by vendors for the purpose of selling goods or services" the phrase and §915 of Title 11".

Approved July 24, 1990.