This text of New York § 390-E*2 (Skimming awareness notice) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
* § 390-e. Skimming awareness notice.
1.For the purposes of this\nsection, the following terms shall have the following meanings:\n (a) "electronic benefit transfer card" means any medical assistance\ncard, payment access card pursuant to subdivision nine of section one\nhundred thirty-one of the social services law, or any other\nidentification, authorization card or electronic access device issued by\nthe state or a social services district as defined in subdivision seven\nof section two of the social services law by which a person may access\ntheir medical assistance, supplemental nutrition assistance program, or\npublic assistance benefits under a local, state or federal program\nadministered by the state, its political subdivisions or social services\ndistricts; and\n (b) "skimmi
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* § 390-e. Skimming awareness notice. 1. For the purposes of this\nsection, the following terms shall have the following meanings:\n (a) "electronic benefit transfer card" means any medical assistance\ncard, payment access card pursuant to subdivision nine of section one\nhundred thirty-one of the social services law, or any other\nidentification, authorization card or electronic access device issued by\nthe state or a social services district as defined in subdivision seven\nof section two of the social services law by which a person may access\ntheir medical assistance, supplemental nutrition assistance program, or\npublic assistance benefits under a local, state or federal program\nadministered by the state, its political subdivisions or social services\ndistricts; and\n (b) "skimming" shall be defined as obtaining a consumer's personal\nidentifying information as defined in subdivision one of section 190.77\nof the penal law through the use of a skimmer device as defined in\nsubdivision two of section 190.85 of the penal law.\n 2. Notwithstanding any other law to the contrary, every person, firm,\npartnership, association or corporation who is engaged in a sales\ntransaction and accepts electronic benefit transfer cards shall place a\nsign at the point of sale containing a notice regarding skimming. Such\nsign shall include: (a) a link to a web page maintained by the office of\ntemporary and disability assistance with information for victims of\nelectronic benefit transfer scams, including, but not limited to,\nskimming; (b) steps customers can take to protect themselves from\nskimming; (c) an appropriate contact number as determined by the office\nof temporary and disability assistance to report that an electronic\nbenefit transfer card was compromised and to disable and request a new\nelectronic benefit transfer card; and (d) a request to notify law\nenforcement if a skimmer device appears to be in use. The office of\ntemporary and disability assistance shall make available on its website\na model sign as required by subdivision six of section one hundred\nfifty-two-d of the social services law that such establishments may use\nto comply with the provisions of this section.\n 3. (a) Any person, firm, partnership, association or corporation who\nfails to comply with the requirements of this section shall be assessed\na civil penalty not to exceed two hundred fifty dollars per point of\nsale which lacks the notice required pursuant to subdivision two of this\nsection for the second and each separate subsequent offense.\n (b) If the notice required pursuant to subdivision two of this section\nhas been provided and such notice is subsequently removed, damaged, or\naltered by any person other than the person or entities required to\nprovide such notice, such person or entities shall have no liability for\na failure to comply with subdivision two of this section as long as such\nnotice is replaced within ten business days from such person or entities\nbecoming aware of the defect.\n * NB There are 2 § 390-e's\n