AN ACT TO DIRECT THE LEGISLATIVE RESEARCH COMMISSION TO STUDY METHODS TO PROVIDE ADDITIONAL PROTECTIONS TO USERS OF FINANCIAL TRANSACTION CARDS.
Enacts new GS 75-67 in Article 2A, Identity Theft Protection Act, in GS Chapter 75. Subsection (a) of GS 75-67 requires that a person who owns or operates a scanning device or an automated banking device to ensure that the device is not capable of accepting a financial transaction card unless the card user first enters the five-digit zip code of the cardholder's billing address. Subsection (b) of this section makes it an infraction as defined in GS 14-3.1 for a person to violate the previously stated requirement. Sets the penalty for a violation of this requirement at $500 per violation and caps the amount at no more than $500 in any calendar month or $2,000 in any calendar year. Provides that a person who receives a citation for violating GS 75-67(a) is not subject to the penalty under subsection (b) if the person complied with this statute within 30 days of the issuance of the citation and has remained in compliance. Subsection (c) defines the following terms as having the same meaning as in Article 19B of GS Chapter 14: (1) automated banking device, (2) cardholder, (3) financial transaction card, (4) presenting, and (5) scanning device. Effective July 1, 2015.
Amends GS 75-67(a), as enacted by Section 1 of this act, effective October 1, 2016, to add the requirement that the owner or operator of a scanning device or an automated banking device ensure that the device is not capable of accepting a financial transaction card unless the card user first enters the five-digit zip code of the cardholder's billing address and the cardholder's personal identification card. Amends subsection (c) to add that the termpersonal identification codealso has the same meaning as in Article 19B of GS Chapter 14.
Amends GS 14-113.17, effective December 1, 2015, to make a person subject to the punishment and penalties of Article 19B, Financial Transaction Card Crime Act, guilty of a Class I felony (was, a Class 2 misdemeanor). Provides that a crime punishable under Article 19B is punishable as a Class G felony (was, a Class I felony).
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