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Can I collect credit card information from participants in Florida? What are the requirements?

Yes, you can collect credit card information from participants in Florida, but there are requirements that you must follow.

Requirements for Collecting Credit Card Information in Florida

According to the Florida Statutes, it is illegal to make available, lend, donate, or sell any list or portion of a list of any credit card subscribers and their addresses and account numbers to any third party without the express written permission of the issuer and the subscribers [1.1]. Therefore, collecting credit card information from participants in Florida without their express written permission would be illegal.

However, there are exceptions to the notice and opt-out requirements for disclosure of nonpublic personal financial information, such as disclosing nonpublic personal financial information with the consent or at the direction of the consumer, to protect against or prevent actual or potential fraud or unauthorized transactions, or to comply with federal, state or local laws, rules and other applicable legal requirements [2.1][4.1].

Additionally, there are specific procedures that must be followed if you are a state agency or the judicial branch desiring to accept electronic payments through the use of credit cards, charge cards, debit cards, or electronic checks [3.1]. These procedures include submitting a written request to the Chief Financial Officer, providing information about the type of fees being collected, the locations where the payments will be accepted, the method of acceptance, the projected annual amount of collections and the projected average transaction amount, and the projected dollar amount of annual service fees to be paid. The justification should include the anticipated economic and other benefits that would accrue to the state, and include goals and expectations, the impact on state revenues and expenditures, effect on the private sector, and a summary of expected improvement in labor and operational efficiencies, customer payment compliance, increase in collections, reduction in bad check losses or bad debts, staffing considerations, current delays in processing payments, earlier receipt of funds, and increase in sales, e.g., retail, and any other information deemed appropriate by the proposer to explain the request.

Conclusion

In summary, you can collect credit card information from participants in Florida, but you must follow the requirements outlined in the Florida Statutes and the specific procedures outlined for state agencies and the judicial branch.

Source(s):
Jurisdiction

Florida