74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1307
 
                         Senate Bill 138
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Consumer Protection)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits creation of paper receipt or record in credit card or
debit card transaction that shows more information about customer
than customer's name and five digits of customer's credit card or
debit card number.
 
                        A BILL FOR AN ACT
Relating to consumer transactions; creating new provisions;
  amending ORS 646.887 and 646.899; and repealing ORS 646.886,
  646.888 and 646.889.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 646.887 is amended to read:
  646.887.  { + (1) In a transaction in which a customer uses a
credit card or debit card,  + }a person may not   { - sell, lease
or rent a payment processing system that provides a customer - }
 { +  create a paper + } receipt  { + or record + } that shows
more information about a customer than the customer's name and
five digits of the customer's credit  { +  card + } or debit card
number.
   { +  (2) The Attorney General may adopt any rules necessary
for the implementation of this section. + }
  SECTION 2.  { + (1) If before the effective date of this 2007
Act, in a transaction in which a customer uses a credit card or
debit card, a person creates or retains a paper receipt or record
that contains more information about a customer than the
customer's name and five digits of the customer's credit card or
debit card number, the person must shred, incinerate or otherwise
destroy the paper receipt or record on or before the sooner of:
  (a) The date the image of the paper receipt or record is
transferred onto microfilm or microfiche; or
  (b) Thirty-six months after the date of the transaction that
created the paper receipt or record.
  (2) The Attorney General may adopt rules for the implementation
of this section. Violations of this section may be enforced in
the manner provided by ORS 646.899. + }
  SECTION 3. 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 a person to
restrain and prevent a violation of ORS 646.887,
 { - 646.888, - } 646.895 or 646.897.
  (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) A person who violates 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. The
circuit court issuing the order or injunction 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 4.  { + ORS 646.886, 646.888 and 646.889 are
repealed. + }
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