Chapter 290 Oregon Laws 2003

AN ACT

HB 2103

Relating to financial card transactions; creating new provisions; and amending ORS 646.899.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 2 and 3 of this 2003 Act:

(1) “Credit card” has the meaning given that term in ORS 646.893.

(2) “Debit card” has the meaning given “debit instrument” in 15 U.S.C. 1693n.

SECTION 2. A person may not sell, lease or rent a payment processing system that provides a customer receipt that shows more information about a customer than the customer’s name and the last five digits of the customer’s credit or debit card number.

SECTION 3. (1) In a credit or debit card transaction with a customer, a person may not create a customer receipt that shows more information about a customer than the customer’s name and the last five digits of the customer’s credit or debit card number.

(2) A person that creates or retains a copy of a receipt containing more information about a customer than the customer’s name and the last five digits of the customer’s credit or debit card number shall shred, incinerate or otherwise destroy the copy on or before the sooner of:

(a) The date the image of the copy is transferred onto microfilm or microfiche; or

(b) Thirty-six months after the date of the transaction that created the copy.

SECTION 4. ORS 646.899 is amended to read:

646.899. (1)(a) The Attorney General or a district attorney may bring an action in the name of the state against [any] a person to restrain and prevent [any] a violation of ORS 646.895 or 646.897 or section 2 or 3 of this 2003 Act.

(b) The Attorney General or a district attorney may in the name of the state seek and obtain a civil penalty from a person who violates an order or injunction issued pursuant to this subsection.

(2)(a) [Any] A person who violates [any] an order or injunction issued pursuant to subsection (1) of this section shall forfeit and pay a civil penalty of not more than $1,000 per violation. [For the purpose of this section] The circuit court issuing [any] the order or injunction [shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the state may petition for the recovery of civil penalties] retains jurisdiction of the action to consider a request for a civil penalty.

(b) In an action brought by a prosecuting attorney under this section, the court may award the prevailing party, in addition to any other relief provided by law, reasonable attorney fees at trial and on appeal.

SECTION 5. The Attorney General may adopt rules under ORS 183.310 to 183.550 to carry out the provisions of sections 1, 2 and 3 of this 2003 Act.

SECTION 6. (1) Section 2 of this 2003 Act applies to sales, leases and rentals of payment processing systems occurring on or after the effective date of this 2003 Act.

(2) Section 3 of this 2003 Act applies to credit or debit card transactions occurring on or after July 1, 2005.

Approved by the Governor June 11, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date January 1, 2004

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