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MISSOURI STATUTES AND CODES

407.432. Definitions.

Definitions.

407.432. As used in sections 407.430 to 407.436, the following termsshall mean:

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

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

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

(4) "Credit card" or "debit card", any instrument or device, whetherknown as a credit card, credit plate, bank service card, banking card,check guarantee card, or debit card or by any other name, issued with orwithout fee by an issuer for the use of the cardholder in obtaining moneyor merchandise on credit, or for use in an automated banking device toobtain any of the services offered through the device. The presentation ofa credit card account number is deemed to be the presentation of a creditcard;

(5) "Expired credit card", a credit card for which the expirationdate shown on it has passed;

(6) "Issuer", the business organization or financial institution orits duly authorized agent, which issues a credit card;

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

(8) "Merchant", an owner or operator of any retail mercantileestablishment, 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 an authorized user of apayment card, or an individual the person believes to be an authorizeduser, a payment card or information from a payment card as the instrumentfor obtaining, purchasing, or receiving goods, services, money, or anythingof value from the person;

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

(10) "Reencoder", an electronic device that places encodedinformation from the magnetic strip or stripe of a credit or debit cardonto the magnetic strip or stripe of a different credit or debit card;

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

(12) "Scanning device", a scanner, reader, or any other electronicdevice that is used to access, read, scan, obtain, memorize, or store,temporarily or permanently, information encoded on the magnetic strip orstripe of a credit or debit card.

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

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