Section 407.432

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 2018, 2 histories   

  407.432.  Definitions. — As used in sections 407.430 to 407.436, the following terms shall mean:

  (1)  "Acquirer", a business organization, financial institution, or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card for merchandise;

  (2)  "Cardholder", the person's name on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer or any agent, authorized signatory, or employee of such person;

  (3)  "Chip", an integrated circuit imbedded in a card that stores data so that the card may use the EMV payment method for transactions;

  (4)  "Contactless payment", any payment method that uses a contactless smart card, a near field communication (NFC) antenna, radio-frequency identification (RFID) technology, or other method to remotely communicate data to a scanning device for transactions;

  (5)  "Counterfeit credit card", any credit card which is fictitious, altered, or forged, any false representation, depiction, facsimile or component of a credit card, or any credit card which is stolen, obtained as part of a scheme to defraud, or otherwise unlawfully obtained, and which may or may not be embossed with account information or a company logo;

  (6)  "Credit card", any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, or debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money or merchandise on credit or by transferring payment from the cardholder's checking account or for use in an automated banking device to obtain any of the services offered through the device.  The presentation of a credit card account number is deemed to be the presentation of a credit card.  Credit card shall include credit or debit cards whose information is stored in a digital wallet for use in in-app purchases or contactless payments;

  (7)  "Expired credit card", a credit card for which the expiration date shown on it has passed;

  (8)  "Issuer", the business organization, financial institution, or duly authorized agent thereof that issues a credit card;

  (9)  "Merchandise", any objects, wares, goods, commodities, intangibles, real estate, services, or anything else of value;

  (10)  "Merchant", an owner or operator of any retail mercantile establishment, or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator.  A merchant includes a person who receives from a cardholder, or an individual the person believes to be a cardholder, a credit card or information from a credit card as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything of value from the person;

  (11)  "Person", any natural person or his legal representative, partnership, firm, for-profit or not-for-profit corporation, whether domestic or foreign, company, foundation, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof;

  (12)  "Reencoder", an electronic device that places encoded information from the chip or magnetic strip or stripe of a credit card onto the chip or magnetic strip or stripe of a different credit card;

  (13)  "Revoked credit card", a credit card for which permission to use it has been suspended or terminated by the issuer;

  (14)  "Scanning device", a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information stored in the chip or encoded on the magnetic strip or stripe of a credit card.  Scanning device shall include devices used by a merchant for contactless payments.

­­--------

(L. 1991 S.B. 112, A.L. 2002 S.B. 895, A.L. 2018 H.B. 1832)