47-22-104 - Payment by check Identification Use of credit card information When prohibited When permissible Damages. - Tennessee Statutes

47-22-104. Payment by check Identification Use of credit card information When prohibited When permissible Damages.

(a)  As used in this section, “person” means any individual, corporation, partnership or association.

(b)  Except as otherwise provided in subsection (e), no person shall, as a means of identification or for any other purpose, require that a person produce a credit card number for recordation or record a credit card number in connection with:

     (1)  A sale of goods or services in which a purchaser pays by check; or

     (2)  The acceptance of a check.

(c)  A person aggrieved by a violation of this section shall be entitled to institute an action to recover such person's actual damages or one hundred dollars ($100), whichever is greater. Such action shall be brought in the general sessions or circuit court, whichever is appropriate, of the county wherein the defendant resides or has a place of business. In the event the aggrieved party prevails, such party may be awarded reasonable attorney's fees and court costs in addition to any damages awarded.

(d)  This section shall not be construed to:

     (1)  Impose liability on any employee or agent of a person, where that employee or agent has acted in accordance with the directions of such employee's or agent's employer;

     (2)  Prohibit a person from requesting a purchaser to display a credit card as an indication of creditworthiness or financial responsibility or as identification, and in these instances the type, the issuer, and the expiration date of the credit card may be recorded; or

     (3)  Require acceptance of a check, whether or not a credit card is presented.

(e)  A person may require production of and may record a credit card number as a condition for cashing or accepting a check only where:

     (1)  The person requesting the card number has agreed with the issuer of the card to cash checks as a service to the issuer's cardholders;

     (2)  The issuer of the card has agreed to guarantee cardholder checks cashed by that person; or

     (3)  The cardholder has given actual, apparent or implied authority for use of such cardholder's card number in this manner and for this purpose.

[Acts 1991, ch. 229, § 1.]