§ 597.940 — Restrictions on recording of account number of credit card as condition to accepting check or draft; restrictions on recording of telephone number as condition to accepting credit card

Nevada § 597.940

• Jurisdiction: Nevada
• Title 52: TRADE REGULATIONS AND PRACTICES
• Ch. 597: Miscellaneous

Text

1. Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record the account number of any of a customer’s credit cards on the customer’s check or draft as a condition of accepting that check or draft. This subsection does not prohibit:
(a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, including, without limitation:
(1) A driver’s license;
(2) An identification card issued by the Department of Motor Vehicles;
(3) A permanent resident card;
(4) A tribal identification card; or
(5) A consular identification card,
Ê as a condition of accepting a check or draft.
(b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the date the card expires.
(c) The business from requesting the customer to record the account number of his or her credit card on the check or draft with which payment on the credit card account is being made.
(d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if:
(1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer;
(2) The issuer has agreed to guarantee any such check or draft so cashed; and
(3) The cardholder has given actual, apparent or implied authority for the use of his or her account number for this purpose.
2. Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record a customer’s telephone number on the credit card sales slip as a condition of accepting his or her credit card. This subsection does not:
(a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such as the delivery, shipping, servicing or installation of the purchased merchandise.
(b) Apply to a transaction in which the customer receives a cash advance against his or her credit card or to a transaction involving the use of preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction.
(c) Apply to a transaction in which the customer’s purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto.
3. As used in this section, unless the context otherwise requires:
(a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.
(b) “Credit card” has the meaning ascribed to it in NRS 205.630 .
(c) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890 , inclusive.
(d) “Permanent resident card” means a Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.
(e) “Tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006 .

Legislative History

(Added to NRS by 1991, 1418 ; A 2003, 1936 ; 2017, 87 , 1628 , 2277 )