SHB 1870 -
By Representative Habib
ADOPTED 03/07/2013
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 19.200
RCW to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Credit card" means a card or device existing for the purpose
of obtaining money, property, labor, or services on credit.
(2) "Debit card" means a card or device used to obtain money,
property, labor, or services by a transaction that debits a
cardholder's account, rather than extending credit.
(3) "Discount" means a reduction made from the price that customers
are informed is the regular price. It does not include any means of
increasing the price that customers are informed is the regular price.
Sec. 2 RCW 19.200.010 and 2009 c 382 s 1 are each amended to read
as follows:
(1) The legislature finds that credit and debit cards are important
tools for consumers in today's economy. The legislature also finds
that unscrupulous persons often fraudulently use the card accounts of
others by stealing the card itself or by obtaining the necessary
information to fraudulently charge the purchase of goods and services
to another person's account. The legislature intends to provide some
protection for consumers from the latter by limiting the information
that can appear on a card receipt.
(2) No person that accepts credit or debit cards for the
transaction of business shall print more than the last five digits of
the card account number or print the card expiration date on a credit
or debit card receipt. This includes all receipts kept by the person
or provided to the cardholder.
(3) This section shall apply only to receipts that are
electronically printed and shall not apply to transactions in which the
sole means of recording the card number is by handwriting or by an
imprint or copy of the credit or debit card.
(((4) The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.))
(a) "Credit card" means a card or device existing for the purpose
of obtaining money, property, labor, or services on credit.
(b) "Debit card" means a card or device used to obtain money,
property, labor, or services by a transaction that debits a
cardholder's account, rather than extending credit.
NEW SECTION. Sec. 3 A new section is added to chapter 19.200 RCW
to read as follows:
(1)(a) Any person that imposes a surcharge on a cardholder who
elects to use a credit card in lieu of payment by cash, check, or
similar means must clearly and conspicuously disclose the surcharge.
(b) If a surcharge for the use of a credit card is being imposed in
a transaction at a physical location, the disclosure required in (a) of
this subsection must be conspicuously and continuously posted at the
location. The disclosure must be in a size and location that is easily
seen and read by a consumer prior to a sale.
(c) If a surcharge for the use of a credit card is being imposed in
an electronic transaction, the disclosure required in (a) of this
subsection must be provided prior to the point where a consumer is
going to approve any final transaction.
(2)(a) Any person that accepts credit cards for the transaction of
business may offer a discount for the purpose of inducing payment by
cash, check, or other means not involving the use of a credit card.
The discount must be offered to all prospective buyers and the
availability of the discount must be clearly and conspicuously
disclosed.
(b) If a discount for the use of a payment method other than a
credit card is allowed in a transaction at a physical location, the
disclosure required in (a) of this subsection must be conspicuously and
continuously posted at the location. The disclosure must be in a size
and location that is easily seen and read by a consumer prior to a
sale.
(c) If a discount for the use of a payment method other than a
credit card is allowed in an electronic transaction, the disclosure
required in (a) of this subsection must be provided prior to the point
where a consumer is going to approve any final transaction."
Correct the title.
EFFECT: The prohibition on surcharges for the use of a credit card is removed. If a surcharge will be imposed, there must be clear and conspicuous disclosure of the surcharge. At a physical location, the disclosure must be posted and must be in a size and location that is easily seen and read by a consumer prior to a sale. In an electronic transaction, the disclosure must be provided prior to the point where a consumer is going to approve any final transaction. Allows for a discount when a payment method other than a credit card is used. The availability of a discount must be disclosed clearly and conspicuously. At a physical location, the disclosure must be posted and must be in a size and location that is easily seen and read by a consumer prior to a sale. In an electronic transaction, the disclosure must be provided prior to the point where a consumer is going to approve any final transaction.