US Lawyer Database

§ 4-107-201. Definitions

As used in this subchapter, unless the context otherwise requires: (1) “Card issuer” means any person who issues a credit card or the agent of the person with respect to the credit card; (2) “Cardholder” means any person to whom a credit card is issued or any person who has agreed with the card issuer […]

§ 4-107-202. Cardholders protected

(a) If a credit cardholder transfers an outstanding credit card balance from one credit card account to another credit card account, the creditor issuing the credit card from which the outstanding balance was transferred shall not collect any interest or any other fees attributable to the credit card account for the amount of the outstanding […]

§ 4-107-203. Deceptive trade practices

(a) (1) Further, a violation of the provisions of this subchapter by a credit card issuer or creditor issuing a credit card shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under […]

§ 4-107-204. Applicability

Notwithstanding the federal Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq., or any other federal or state laws protecting the rights of consumers who are issued credit cards in this state or other states, the provisions of this subchapter shall apply to all qualifying credit card account transactions where a creditor has chosen […]

§ 4-107-301. Legislative findings

The General Assembly finds, determines, and declares that: (1) Credit, particularly the use of credit cards, is an important tool for consumers in today’s economy; (2) Unscrupulous persons often fraudulently use the credit card accounts of others by stealing the credit card itself or obtaining the necessary information to fraudulently charge the purchase of goods […]

§ 4-107-302. Definitions

As used in this subchapter: (1) “Authorized user” means a person granted express, implied, or apparent authority to use a cardholder’s credit card or credit card number; (2) “Cardholder” means the named credit card account member and co-applicant who applies for or accepts the terms and conditions of a credit card account; (3) “Charges” means […]

§ 4-107-303. Printing card number on receipts

(a) No person, firm, partnership, association, corporation, limited liability company, or other entity accepting credit cards for the transaction of business shall print more than the last five (5) digits of the credit card account number, the credit card expiration date, or both, on a credit card receipt to the cardholder. (b) (1) This section […]

§ 4-107-304. Acceptance of credit card agreement

The acceptance of the terms and conditions of a credit card account by a cardholder may be established as binding and enforceable by: (1) The written or electronic signature or other electronic record of acceptance by the cardholder; or (2) The use of the credit card account by the named credit card account member, any […]

§ 4-107-305. Liability

(a) A cardholder is personally liable for charges and interest incurred by the named credit card account member, any coapplicant, or any authorized user on the credit card account of the cardholder. (b) A cardholder is not liable for charges and interest incurred on the credit card account as a result of fraudulent activity by […]

§ 4-107-306. Amount owed

(a) A creditor may establish a presumption of correctness of its ownership of the credit card account and the amount of the charges and interest that is owed on a credit card account by: (1) Filing a copy of the credit card issuer’s final billing statement or charge-off statement; or (2) Filing a compilation of […]