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ENGROSSED SUBSTITUTE HOUSE BILL 1870
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State of Washington63rd Legislature2013 Regular Session

By House Business & Financial Services (originally sponsored by Representatives Habib, Kirby, Ryu, Van De Wege, Takko, Hunter, Appleton, Tarleton, Sawyer, Seaquist, Pollet, Bergquist, and Johnson)

READ FIRST TIME 02/22/13.   



     AN ACT Relating to methods of payment; amending RCW 19.200.010; and adding new sections to chapter 19.200 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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.

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