CHAPTER 423

FORMERLY

SENATE BILL NO. 486

AS AMENDED BY SENATE AMENDMENT NO. 1

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

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 there to a new section to read as follows:

§914 Use of Consumer Identification Information

(a) Except as provided in subsection (b) of this section, as a condition of accepting a credit card as payment for consumer credit, goods, realty, or services, a person may not write down or request to be written down the address and/or telephone number of the credit card holder on the credit card transaction form.

(b) A person may record the address or telephone number of a credit card holder if:

(1) the information is necessary for:

(I) the shipping, delivery, or installation of consumer goods; or

(II) special orders of consumer goods or services;

(2) Authorization from the credit card issuer as to the availability of credit is not required by the issuer to complete the credit card transaction; or

(3) The person processes credit card transactions by mailing transaction forms to a designated bankcard center for settlement.

(c) 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 §914 of Title 11".

Approved July 24, 1990.