§ 915 — Use of payment card information

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

(1) “Draft” does not include a credit or debit card sales draft.

(2) “Drawer” means the individual who makes or signs a check or other 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 payment 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 payment card for purposes only of identification or credit worthiness;

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

(3) Recording the number and expiration date of a payment card if the person requesting the information has agreed with the payment 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.

Legislative History

67 Del. Laws, c. 420, § 1 ; 79 Del. Laws, c. 260, § 6